What to Know About Child Support in New York | FAQ
Child support can be a complex issue. Often, parties on both sides have a number of questions and concerns. Child support laws differ in each state, so it is important to understand the laws in your state. Read on to learn more about child support in New York.
How is Child Support Determined?
The Child Support Standards Act puts a uniform system in place to help determine child support payments. 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 to this formula, the court may also consider the following factors:
- 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
Can I Modify my Child Support?
You can modify your child support agreement, but this is not always a simple process. In order to modify child support, you will have to prove to a court that a major change in finances has occurred. Some situations that may justify modification include:
- An increase or decrease in income
- A change in federal income tax law
- Loss of job, or, on the flip side, a promotion
- A spouse remarries
- A spouse loses their home
- The supporting parent has suffered a significant medical injury or condition
When Does Child Support End?
In New York, the age of emancipation is 21. This generally means that child support can end when your child turns 21. But, in some cases, child support can be extended, or terminated early. For example, child support may be extended if your child intends to pursue higher education.
What if My Child’s Parent is Not Paying Court-Ordered Child Support?
If your child’s parent is not paying child support, you should contact an experienced family law attorney. There are multiple ways child support can be enforced. Contact our firm to discuss your options.
If you have any questions or concerns regarding child support in New York, contact our firm today.
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