Just because one parent may have sole custody over their child does not mean they can also be their sole financial provider. In fact, regardless of whether it is a sole or joint custody situation, both parents are expected to contribute financially to their child’s everyday, necessary expenses. This is why a child support order is mandatory when a child is involved in a divorce case in New York State. With that being said, follow along to find out how a child support order is decided upon and how a proficient New York City child support attorney at Zimmet Law Group, P.C. can fight on your child’s behalf for the best possible outcome.
How is a child support order decided upon in New York State?
Of note, the family court may primarily reference New York’s Child Support Standards Act when formulating your child support order. This standard holds that the more children you and your spouse share together, the more of your combined income must be contributed toward child support. These percentages read as follows:
- For one child: 17 percent of your combined income must go towards child support.
- For two children: 25 percent.
- For three children: 29 percent.
- For four children: 31 percent.
- For five or more children: 35 percent or more.
In addition to referencing this standard, though, the New York family court may also look into extenuating circumstances surrounding you, your spouse, and your shared child or children. More specific examples of this read as follows:
- The standard of living you and your spouse established for your child or children during your marriage.
- The financial resources of you and your spouse, along with the disparity between your adjusted gross incomes.
- The marital property divisions made in your and your spouse’s divorce proceedings, along with their tax consequences.
- The child support obligations and other needs you and your spouse must meet for a child or children outside your marriage.
What circumstances might constitute a change to a child support order?
Your child support arrangement may be made official at the same time your divorce is finalized. Understandably, life events may occur and circumstances may change, which may make this existing arrangement unsustainable. More specific examples of this read as follows:
- Your child’s noncustodial parent gets promoted at work and begins earning a significantly higher salary.
- Your child decides to pursue a higher education degree that requires several years at a university or college.
- Your child is diagnosed with a physical or mental disability that requires special education or medical attention.
If any of the circumstances above apply, you may consider filing a formal petition for a post-judgment modification with the New York State family court. With this petition, you may request that your child receive more financial aid each month, or that they continue to receive this aid beyond the expected cutoff date of their 21st birthday.
Do not wait for another second. Please retain the services of one of the talented New York City matrimonial and family law attorneys from Zimmet Law Group, P.C. today. We look forward to working with you and taking on your case.
