Information About the New York Self-Support Reserve
Many parents who pay child support in New York feel that their payment amounts are unfair and burdensome. They believe that their child support obligations will leave them unable to support themselves. To preserve a parent's ability to pay child support, the state has established minimum income standards so that child support payments do not push the payor below the poverty level.
How the Reserve Amount Is Determined
The income threshold is currently set at 135 percent of the poverty level, or $14,620 per year. This means that a judge will adjust the guidelines and percentages so that the noncustodial parent's child support payments will not leave him or her with an income less than $14,620. This is known as the self-support reserve; the amount is changed periodically to reflect inflation and other economic factors.
Changing Child Support Payments to Comply With the Law
At the Albany law firm of Colwell, Colwell & Petroccione, LLP, we advise clients about the impact of the self-support reserve on their child support obligations. If changing circumstances such as job loss or job change push paying parents below the self-support reserve, our Albany self support reserve lawyers can help them obtain a modification of their support orders to bring their payments in line with the self-support reserve.
Adjusted payment amounts may not meet the state's child support percentage of income guidelines. For example, if paying the guideline amount of 29 percent for two children would mean that the parent paying child support would fall below the self-support reserve, the court would change the percentage to keep the parent's income at or above the reserve amount.
Answering Your Questions About the Child Support Reserve
If you have questions or concerns about the New York state child support reserve and how it might affect you, please call us today at 866-377-0285 or contact our Albany and Troy family law attorneys online.
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