Child Support
Child Support in New York
Child support is the liability of parents not having the custody to support the children of divorce financially, until they attain the age of 21. New York divorce law states that the parent needs to pay at least $25 each month. This is equally true for cases where the non-custodial parent is jobless or has no property or income.
A court may discontinue support to the children of divorce, if they become financially independent through employment, entry in military service, on attaining the age of 21 or by marriage. The New York court may also deem the children of divorce as emancipated if they are at fault for outrageous misbehavior.
The amount of money that a non-custodial parent has to pay as support depends on the fixed percentage of collective parental earnings and the number of kids. The law is applicable to all counties in New York, including New York City. Courts use following formula to determine support for the children of divorce:
- If a parent has one child, then the child support is equal to 17% of the collective parental income.
- Parents having two children need to pay 25% of the collective parental income.
- Those having three children will have to pay 29% of collective parental income.
- Parents having four children need to pay 31% of the collective income as child custody.
- Parents having five children need to pay an amount that is equal to 35% of collective parental income.
Important factors:
Apart from the above formula, the New York court considers certain factors while determining support for the children of divorce. These are:
- Financial resources of both parents (custodial as well as non-custodial) and of children of divorce
- Mental and physical health of the children of divorce and their special needs and requirements
- The lifestyle that children had enjoyed before their parents were divorced
- Non-financial contributions such as care and comfort, which parents will provide to the children of divorce
- Educational requirements of the custodial and non-custodial parents
- If the gross income of one parent is higher as compared to other parent's income
- Requirements of other kids of non-custodial spouse who come under child support
- The New York court considers the unusual expenses incurred by the parent not having the custody of children during extended visits. It also considers if the expenses of parent who has the custody of children reduce drastically during that extended visit.