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Nassau County Family Law Blog

Tuesday, November 22, 2016

A Guide to Child Support in New York

How is child support calculated in New York?

One of the top issues divorcing parents face is child support.  All parents must financially support their children up until the age of 21.  If you are the non-custodial parent, you may be required to pay child support to your former spouse for the care of your children. Likewise, custodial parents may be able to seek child support for their children to cover necessary expenses.  The following is a look at some important facts about child support in New York that all parents should know.  Contact a Nassau County, New York child support attorney for individualized assistance with your child support matter.

Calculating Child Support

The amount you will receive or have to pay in child support is largely determined by the income of the non-custodial parent.  If a parent requests child support from the non-custodial parent, a hearing will be set for the court to review the rights of both parents and needs of the child.  Both parents will be required to submit a Statement of Net Worth to the court and provide detailed financial information if requested.

The Child Support Standards Act (CSSA) is used in New York to calculate the amount of child support that the non-custodial parent must pay.  The CSSA uses a formula to calculate how much child support a parent should pay based on a percentage of the parent’s income.  The percentage will vary depending on how many other children are involved.  When the total income of both parents exceeds $143,000, the court may deviate from the standards in setting child support awards.

Income is not the only consideration in awarding child support.  The court may also consider factors such as the child’s educational, health, and medical expenses, the child’s standard of living, any extraordinary needs of the child, and more.  Child support is intended to ensure the child’s financial well-being is cared for during and after a divorce, and will be awarded with this in mind.  Whether you are seeking child support or have been ordered to pay it, consult with an attorney for protection of your legal rights.  

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