Child Support in New York
When a couple goes through a divorce, there are many legal matters to be addressed. After the issue of child custody is determined, the courts must then move onto the issue of child support. While only one parent is awarded physical custody of their child, it is required that the other parent still financially support them. Child support is payments made by the non-custodial parent in order to care for their child even after a divorce. This is because, in New York, it is mandatory for both parents to financially assist their children. Childcare in Long Island can be expensive for one parent to handle on their own. The payments are to be used to child-related matters only.
NYS Child Support Standards Act
There is no “one size fits all” solution when it comes to determining child support. Every family is different, therefore every case is handled differently. In order to make the best decisions for all families, the state created the New York State Child Support Standards Act. This is a formula that considers certain family dynamics in order to come to a conclusion that works for the family. New York State’s goal when determining child support is to maintain a standard of living that the child was used to before the divorce. To do so, the Child Support Standards Act follows a percentage system. The system takes a percentage of the parents’ combined income and distributes it in proportion to an income of $80,000. The state came to the following conclusion:
- One child – 17%
- Two children – 25%
- Three children – 29%
- Four children – 31%
- Five or more children – no less than 35%
The court considers other factors as well when determining child support. This may include which parent has physical custody, both parents’ income, debts/assets, taxes, age, health, and more.
When Does Child Support Stop?
Child support is only required by parents until their child reaches a certain age. Typically, the state of New York allows child support payments to end when a child turns 21. Exceptions to this are sometimes made and payments can change depending on the family. If a child chooses to seek higher education, the court may extend support payments until they graduate from college. In order to end payments, the parents must file with the court to declare their child as emancipated and the court must agree.
The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.
