When parents split, they are required to address a number of matters related to the children they share. One such matter that is often contested is child support. Under state law, parents are obligated to provide financial support for their child until they become emancipated. Typically, the age of emancipation is 21 but there are many instances where a parent is obligated to provide support to a child for years after. There are also exceptions to an emancipated child that is younger than 21, such as a child that is 18 years of age who has a full-time job or abandons the home.
In New York State, the amount that a parent is required to pay in support is determined by the Child Support Standards Act. This is a formula that takes a percentage of the combined marital income to determine the support needed for the child or children. If the parents have one child together, 17 percent of the combined marital income must go towards child support. For multiple children, the percentages are as follows:
- Two children require 25 percent
- Three children require 29 percent
- Four children require 31 percent
- Five or more children require a minimum of 35 percent
These percentages only act as a base amount of child support. That being said, there are a number of other factors that may be considered that would increase the amount of support that must be paid. Some of the many factors that may be considered include the following:
- The custody arrangement
- Whether the combined marital income exceeds the base for the CSSA
- The financial resources of each parent
- The child’s independent financial resources
- The physical and emotional health of the child
- The tax consequences that support payments would have on either parent
- The standard of living that the child was accustomed to prior to the parents’ divorce
- The non-financial contributions of each parent in terms of providing care for the child
- Whether either parent has to provide support for other children, not from this marriage
- The educational needs of each parent
- The difference in the gross income of the parents
If you are facing a dispute regarding child support in NY, it is important to speak with an attorney who can assess your situation and help you determine the next appropriate steps. Contact us today.
Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.