Understanding Child Support Laws in New York
Child support is a crucial aspect of family law that ensures children receive the financial support they need from both parents. In New York, child support obligations are determined by state guidelines and enforced by Family Court. At Tracy and Tracy Law, our experienced attorneys help parents navigate child support matters throughout Staten Island and New York City.
How Is Child Support Calculated in New York?
New York follows the Child Support Standards Act (CSSA) to determine payments. The formula considers a percentage of the combined parental income, based on the number of children:
17% for one child
25% for two children
29% for three children
31% for four children
At least 35% for five or more children
Additional factors, such as healthcare, childcare, and education costs, may be added to the basic obligation calculated above. You can use the NYC.gov Child Support Calculator here. You can also come to a private agreement on child support. If both parents agree to their own child support plan, the court does not need to get involved in calculating it.
As you can imagine, child support calculations can get extremely complicated when it comes to deductions and expenses. You’ll want an experienced lawyer like The Law Office of Tracy & Tracy to help guide you through this complex process.
Which Parent Has to Pay Child Support in New York?
Generally, child support payments are made from the parent with whom the children spend less time (the “non-custodial” parent) to the parent with whom the children spend more time (the “custodial” parent). In New York, even in cases where the children split their time evenly between houses, the higher-earning parent will need to pay child support to the lower-earning parent. Sometimes the parties agree to an order where child support is waived, but the parent who earns more agrees to pay for college, school, or other extracurricular activities. .
Can Child Support Be Modified?
Yes. A parent can request a modification due to a substantial change in circumstances, such as job loss, disability, or increased child expenses.
Does Child Support Stop Automatically Stop At 21 in New York?
In New York, orders requiring the payment of child support typically terminate at age 21, unless the parties have specifically agreed, in a written stipulation, that child support would continue beyond age 21. The parent who pays the child support can usually stop sending payments after the child’s 21st birthday; however, if there are unpaid child support payments still pending, the parent would need to fulfill those obligations before they stop paying child support.
How The Law Office of Tracy and Tracy Can Help
Child support is not just complicated, but can be emotionally charged. Whether you need to establish, enforce, or modify child support, our attorneys are here to protect your rights.