Child Support for Unmarried Parents in New York | What to Know
If you and your partner share a child and you decide to split up, you may be wondering about the legalities of your situation. For example, how will child support and child custody work? This is a common occurrence, and New York courts have a system in place in order to determine these matters. Read on to learn more about child custody and child support for unmarried parents in New York.
In order to determine custody, you must first establish paternity. In New York, fathers do not have any rights until paternity is established. There are two ways for unmarried parents to establish paternity in New York State:
- Signing a voluntary Acknowledgment of Paternity (AOP) form, available from hospitals, local district child support offices, and local birth registrars; or
- Filing a court petition to have the court determine paternity.
Once paternity is established, you can determine custody. Custody will play a large role when it comes to child support arrangements. When making a decision about child custody, a New York court will examine some of the following factors:
- If the parent will act in the child’s best interest
- If the parent can provide a stable home
- The relationship between the child and each parent
- Any history of domestic abuse or substance abuse
- The mental and physical health of the parent
- The work schedule and lifestyle of the parent
- The preference of the child if they are of sufficient age
Determining Child Support
The formula for calculating child support in New York is based on a percentage of the combined income of each parent and the number of children that require financial support. If the combined parental income exceeds $143,000 the court will apply the following child support percentages:
- One child- 17%
- Two children- 25%
- Three children- 29%
- Four children- 31%
- Five or more children- at least 35%
In addition, the court may examine the following factors when making a decision regarding child support:
- How many children are in your household
- Whether you or your former spouse have hefty medical bills
- Your gross yearly income
- Your child’s age
- Whether your child has any special needs
- Whether your child is pursuing a higher education
If you have any questions or concerns regarding child support for unmarried parents, contact our firm to speak with an experienced family law attorney.
Contact our experienced Nassau County firm
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