Parents have a legal responsibility to support their children financially until a certain age. In order to ensure that children of divorced parents are adequately supported, child support will likely be awarded. For the most part, child support will be paid to the custodial parent, by the non-custodial parent. This is because the custodial parent will have the child for more of the time, therefore spending more money on him or her. Read on to learn more about child support and what expenses will be covered.
Child Support Standards Act
New York’s Child Support Standards Act (CSSA) is a formula used to equitably calculate a base amount of child support. The goal is to act in the best interest of the child first. In order to continue this focus, courts will work to mitigate the financial effects of the divorce and continue the living standard established through the child’s life. The greater number of children, the greater the percentage of combined marital income must go to child support.
- One child- 17%
- Two children- 25%
- Three children- 29%
- Four children- 31%
- Five or more children- no less than 35%
How is Child Support Determined?
Because child support is so important to the well-being of a child, it is taken very seriously by New York courts. The court will look at a number of different factors in order to calculate child support. Some of the factors that may be taken into account include:
- The financial resources of each parent
- The financial resources of the child
- The child’s physical and emotional health
- The standard of living enjoyed by the child before the divorce
- The tax consequences of each parent
- The non-monetary contributions of each parent regarding the care of the child
- The educational needs of either parent
- The disparity of the parent’s gross income
- The needs of children outside of the marriage
What Expenses are Covered?
Generally, the following expenses will be partially covered by child support:
- Basic necessities
- Medical care
- Educational fees
- Childcare
- Transportation/travel
- Entertainment
- Extracurricular activities
- College expenses
It is important to speak with a skilled family law attorney for more information. For example, what are the guidelines of “basic necessities”? In some states, only certain clothing will be covered under child support. Additionally, medical expenses will be covered to a certain extent. In order to find out what your specific agreement will cover, contact our firm to speak with an experienced attorney.
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