As a divorce attorney/mediator for over 35 years, I have been successfully
helping hundreds, if not thousands of spouses obtain child support and
provide financial care for their children.
So what do you need to know about child support?
1. What is Child Support
Child support is financial support provided by the noncustodial parent.
It includes cash payments based on the parent's income and the needs
of the child, health insurance, payments for child care, and payments
for reasonable health care costs not covered by health insurance.
Under New York law, parents are responsible for supporting their children
until the child is 21 years old. The state has a child support program
which can collect and distribute child support payments and enforce orders
when payments are not made. A parent, guardian, caretaker of a child,
or child who needs support can apply for these services.
2. What Are Child Support Guidelines
The court uses a guideline to calculate what the noncustodial parent will
pay, based on the noncustodial parent's adjusted gross income and
on the number of children involved, after making deductions such as Medicare,
social security and New York City tax.
Then the adjusted gross income is multiplied by the standard guideline
percentage for the number of children as follows:
17% for one child;
25% for two children;
29% for three children;
31% for four children; and
at least 35% for five or more children.
Then the noncustodial parent's share of these expenses is added to
the income percentage amount and the combined amount is the basic child
support amount. This formula is applied to the first $154,000 of joint
parental income. For combined parental income over this amount, the court
may consider either the standard guideline amount and/or other factors
in determining the child support obligation.
- Who Pays Child Support:
All parents have a legal responsibility to support their dependent children
to the extent that they can. A parent with custody usually has most of
the day-to-day expenses of child-raising, and may be entitled to receive
child support from the other parent. This entitlement to child support
may continue even if the custodial parent remarries or starts to live
with someone else.
4. When Does Child Support End
Dependent children are entitled to child support. A dependent child is
any child up to the age of 21, unless:
• the child has married, or
• the child is 16 years of age or over and has voluntarily withdrawn
from parental control, child support might also continue after if the
child is unable to be self-supporting because he or she:
• has a disability or illness, or
• is still going to school full-time.
5. When to Apply for Child Support
If children are living with a parent after their parents have separated,
the parent can apply for child support. This usually happens after a separation
that leads to divorce. I often suggest filing for child support and custody
at the same time.
It is important to address these issues as soon as possible.
A parent can apply for custody and support even while living separately
under the same roof after their relationship with the other parent is
over. But usually the court will not make any order for custody and support
until one parent has actually moved out.
If you have questions about child support or need help obtaining child
support, please call me. I will discuss how the child support guidelines
apply to you, and the process with you.
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conveniently conducted virtually to reduce risk!
Call me, New York Divorce Lawyer, Lois Brenner now to book your free consultation.
I look forward to speaking with you.
Stay healthy and safe!
Call New York Divorce Attorney Lois Brenner, a child support specialist now to schedule your free consultation!