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New York Child Support
Child Support in New York

New York statutory Child Support Guidelines are presumed to be correct unless there is a showing that the amount is unjust or inappropriate. The court considers:

  • the financial resources of the child and the parents;
  • the standard of living the child would have enjoyed if the marriage had not been dissolved;
  • the physical and emotional health of the child and any special needs or aptitudes of the child;
  • the financial resources, needs, and obligations of both the noncustodial and the custodial parent;
  • the tax consequences to each parent;
  • the non-monetary contributions that the parents will make towards the care and well-being of the child;
  • the educational needs of either parent;
  • whether one parent's income is substantially less than the other parent's;
  • the needs of other children of the noncustodial parent;
  • if the child does not receive public aid, any extraordinary expenses required for the noncustodial parent to exercise visitation rights; and
  • any other relevant factors.

The New York guidelines show a monthly support that is based on the the percentage that the noncustodial parent contributes to the joint parental income. One child gets 17 percent of the combined income; 2, 3, and 4 children get 25, 29, and 31 percent, respectively.

According to the guidelines, for example, parents who have a total income of $10,000 per month and two children need 25 percent of $10,000. That means $2,500 per month in support. When the noncustodial parent earns $6,000 per month, he or she pays $1,500 per month. As it considers appropriate, the court may add expenses for health care or education or other factors.

The courts may also order a parent to provide health insurance coverage for the child.

Security may be required for the payments.

Calculate New York Child Support

Other Expenses and Deductions

Extraordinary expenses are either add-ons, where the expense is added to the support payment, or deductions, where the amount is deducted, and indicated as either mandatory or permissive. Childcare is a mandatory deduction.

The child support guidelines are based on the presumption that the non-custodial parent should pay a certain percentage of his or her income each month to cover all expenses with the exception of additional expenses of childcare, uncovered medical expenses, and educational expenses.

These are usually prorated in proportion to each parent's income. The custodial parent is expected to pay for everything else.

Child Support Enforcement

Faced with missing child support payments, custodial parents have two enforcement tools: one, the administrative enforcement by way of the child support agency, and two, filing a court action to enforce compliance The administrative action does not require a court appearance, and it includes interceptions of tax refunds, unemployment or wages, suspension of the noncustodial parent's drivers license and filing a lien against his or her assets. The second can result in a judgment against the noncustodial parent or even a jail sentence or probation.

More information about New York Child Support Enforcement can be found at their website.

Emancipation

Generally, the obligation ends when the child reaches 21 years of age. A child over the age of 21 will also automatically be ineligible for child support if that child is removed from disability status by a court order.

Deviation Factors

The state child support guidelines will be followed, unless the parents agree to an amount other than that calculated by the guidelines, or the courts decide the guidelines are unjust based on the following considerations:

  • the financial resources of the child;
  • the health of the child and any special needs or aptitudes of the child;
  • financial resources, needs and obligations of both parents;
  • the tax consequences to both parents;
  • the non-monetary contributions the parents make toward the care and well-being of the child;
  • the educational needs of either parent;
  • whether one parent's income is substantially less than the other's;
  • any needs of other children belonging to the noncustodial parent;
  • any extraordinary expenses the noncustodial parent spends in order to visit the child;
  • any other relevant factor.

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