In New York, child support is an important aspect of divorce when custody and continued care for the child are determined. This financial order will ensure that your children continue to have necessary health insurance, medical expenses covered, educational expenses paid for, and many other needs that require this support.
While courts will take into account income earned by both parents to determine how much child support is necessary, all orders will also consider how much a non-custodial parent can provide and other circumstances.
How New York Calculates Child Support Orders
To calculate the child support amount to be paid, the number of children and parental incomes are used. Normally, both incomes get combines, and if this amount is $154,000 or less, the court will follow the below guideline based on the number of children needing support:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- A minimum of 35% of the combined parental income for five or more children
For combined incomes that exceed $154,000, the court may decide to still use the above guideline, but only up to the maximum threshold. If the combined income is more than $154,000, the court could use the same formula for all income or just up to $154,000, and award additional based on additional factors like childcare costs or healthcare premiums.
The state will also consider required deductions from your gross income that would include public assistance, spousal support, or similar supplemental security programs.
You should also keep in mind that New York law recognizes additional forms of income, such as:
- Annuity payments
- Fellowships
- Workers’ compensation awards
- Pensions
- Stipends
To better understand how your financial situation could impact your support obligation, it is best to consult with an experienced child support lawyer about your case.
What to Do If You Cannot Afford Child Support Payments
If you find yourself in a situation where you cannot make your child support obligation, it is possible to request a reduction in support. You will need to file a petition to do so, and your reason for requesting a lesser payment must also be justifiable. For example, you lose your job and take on a new one that pays significantly less, or you are stricken ill and unable to work as you had before. You must also file your action with the court that originally assigned the support order. Working with an experienced child support lawyer to help you navigate this often complex process can ensure your case is clearly demonstrated to the court.
How Long Does a Child Support Order Last?
The state of New York requires your child to receive support until the age of 21, despite the age of majority being 18 years old. This is not absolute, though, as some circumstances may allow a court to terminate or suspend support obligations once a child becomes emancipated independently without support. Still, this does not trigger an automatic halt of your support. You will have to file a petition with the original court that made the order to intervene.
Speak with a Knowledgeable New York Child Support Lawyer Today
As an experienced family law attorney, Katherine Ryan has helped numerous couples with complicated child support issues and other aspects of divorce and custody law. She makes it her goal to ensure that her services create the best possible outcome for her clients and strives to provide a client experience that keeps their better interests at heart. Recognized as a SuperLawyer in 2020, her proven track record has helped divorcing couples come to custody and support agreements that benefit their family in the long run.
The Law Office of Katherine Ryan P.C. offers extensive experience in family law, and the services we provide our clients helps them to move forward from difficult experiences like divorce and custody disputes and begin rebuilding their lives. Our firm represents clients in Garden City, Nassau County, Suffolk County, Westchester County, and Long Island. Contact The Law Office of Katherine Ryan, P.C. today for a comprehensive evaluation of your family law issue.
