When divorcing spouses have children, they must determine new arrangements for their future. In doing so, one of the important steps is to settle child support payments. Courts in the state of New York require both parents to financially assist their child. This allows their child to maintain the same standard of living they were accustomed to before the divorce and provides them with a stable life.
In order to determine support payments, the courts follow the New York State Child Support Standards Act. These calculations take a percentage of the parents’ combined income and distribute it in proportion to the individual income up to $80,000. Essentially, the more children a family has the greater the percentage will be for the payments. In addition to this, the judge considers several other factors relating to the family. This can include income, debts, assets, education, tax implications, financial resources, age, health, and the academic and social life of the child. With this process, the judge can determine a fair amount for the family in accordance with what they can provide for their child.
Age of Emancipation
When a parent has physical custody of their child, they are the custodial parent. This is the person with the child spends most of their time with. The custodial parent is responsible for providing the child with a stable upbringing. In doing so, they must make sure the child has a home, clothing, food, an education, and more. These expenses can add up and become too much for one parent to handle on their own. This is why the non-custodial parent pays support to balance out these costs and financially assist their child as well. The parent is required to pay support throughout the child’s life until they reach the age of emancipation. The age of emancipation in the state of New York is usually 21 years old.
While this is true, every family is unique and there is no mold for child support cases. There are cases in which payments do not always end at 21 years old. There are cases in which courts will make exceptions to extend payments or terminate them early. If the child cannot support themselves, payments may be extended. If a parent believes their child over 18 years old can support themselves and prove this to the court, they may be able to end support payments early. If the court agrees to this, child support payments can be terminated.
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If you or someone you know is seeking an experienced attorney for a divorce case, contact The Pollack Law Firm, P.C. today.
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.