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Going through a divorce is challenging in itself, let alone when there are children involved.
At the Law Offices of Karl Brodzansky, our team of divorce lawyers are by your side throughout the entire process to ensure that you’re getting the legal protection you need during the divorce process.
When children are involved during a divorce, there are legalities in place to protect your kids and ensure that the parental guardian has enough money to support and raise the child.
Here are all the facts about New York child support that you need to know:
What is Child Support?
The money that one parent pays the other parent to help support the expenses of the child is called child support.
In the state of New York, child support includes the child’s medical costs, health insurance, and educational expenses.
Childcare is also included in these expenses if the child needs to be cared for while the parent is working or away.
How Does Child Support Work?
Typically, the parent who spends more time with the child receives payments from the other parent. However, the courts use both incomes and what each parent can provide to determine the child support amount each month.
How Long Do You Pay Child Support in New York?
A common question that we get at our law office is, “When does child support end?”
While the age for custody, visitation and other purposes is 18, child support remains a requirement until the child reaches the age of 21.
Parents have no legal duties to support a child over the age of 21 unless there is another legal agreement in place.
If your child is older than 16 years and becomes financially stable, emancipated by living apart from both parents without a need for foster care, gets married or enters into military service, your duty to pay child support doesn’t automatically stop.
You need to get permission from the same court that declared your child support payments in order for you to stop making payments on account of your child’s independence.
What is the Percentage of Child Support in NY?
The court bases the child support amount on both parents’ yearly income plus the number of children who need to be cared for.
If the combined income amount is less than $154,000 per year, the court uses this formula:
Parents’ yearly income X child support percentage (based on number of children) = monthly child support amount
Child Support Percentages:
1 Child = 17% of the parental income
2 Children = 25% of the parental income
3 Children = 29% of the parental income
4 Children = 31% of the parental income
5 or More Children = At least 35% of the parental income
Example:
Parent 1 has the majority of physical custody, and their income is $20,000.
Parent 2 has a yearly income of $30,000.
Together, the parents’ income adds up to $50,000.
$50,000 .17 = $8,500 per year.
Because Parent 1’s income ($20,000) is 40% of the combined parental income of $50,000, Parent 1 would be responsible for 40% of 8,500 which is $3,400.
Parent 2 would be responsible for the other 60% or $5,100.
Parent 2 would have to make payments that add up to $5,100 to Parent 1 over the course of the year. Since Parent 1 has more custody, the courts will assume that you already spend your share of child support directly on your child.
If the combined income amount is more than $154,000 per year, the court can use the same formula as above, or they can use the formula for only the first $154,000 of combined income, and then proceed to decide how much of the remainder to award the custodial parent by considering these factors:
The financial resources of the child and both parents,
The child’s overall mental and physical health and if any special needs are involved,
The standard of living the child would have had if the divorce hadn’t occurred,
The tax consequences of each parent,
The non-monetary contributions that the parents will make toward the well-being of the child,
Either parent’s educational needs,
Whether one parent’s income is substantially less the other’s,
The needs and support values of any other children of the non-custodial parent.
New York Child Support
At the Law Offices of Karl Brodzansky, we understand how challenging divorce can be to go through with it on your own.
Our team of lawyers do whatever we can to make the process as comfortable, understandable and easy for you.
If you have any questions about how to navigate child support in New York, contact our office today!