When parents go through a divorce, it also significantly impacts their children. During these proceedings, parents are required to determine new arrangements for the future of their children in order to maintain as stable of a life as possible for them. This involves both parents financially supporting their children. This is done through child support payments from the non-custodial parent to the custodial parent in order to balance out the child’s cost of living. Continue reading below to learn more and contact an experienced New York family law attorney for guidance.
How is Child Support Determined?
The court takes several things into consideration when determining an amount for child support payments. To be fair, the court uses the New York State Child Support Standards Act to calculate an amount. This formula takes a percentage of the parents’ combined income and distributes it in proportion to the individual income up to $80,000. The more children a family has, the greater the percentage of support payments. Courts will also consider other factors that influence a parent’s earning capacity, such as income, debts, assets, education, tax implications, financial resources, age, and health, etc.
When does Child Support Stop?
When parents have physical custody of their child, they spend the most time with them and are required to provide them with a stable upbringing on a daily basis. This means ensuring they have a home, food, clothing, an education, and more. These expenses can be difficult for one parent to handle on their own, which is why the non-custodial parent owes child support payments to help. These payments are required to be made throughout the child’s upbringing until they reach the age of emancipation and can support themselves. In the state of New York, the age of emancipation is generally 21 years old.
While this is true, the court understands that every family’s situation is different from one another. It is because of this that the court may not always end support payments at 21 years old. They may make certain exceptions and either extend the payments or terminate them early depending on the situation. If a child needs further support after turning 21, support payments may still be required for a period of time. On the other hand, if a child turns 18 years old and the parent can prove to the court they are financially independent, the payments can end early. When the court approves of emancipation, child support payments may end.
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