Child Support Guidelines in New York
Albany, New York, Family Law and Divorce Attorneys
Determining child support is a relatively straightforward process in New York. A formula established by the Child Support Standards Act is used to determine the child support obligation of the paying parent. This formula considers the financial needs of the child, medical expenses, income of each parent as well as other factors.
For a free consultation, call 866-377-0285 or contact us online.
Child Support Calculations
The formula used to determine the presumptively correct child support award considers the following:
- Gross Income of each parent, adjusted for FICA, together with the financial resources of the parents
- Financial assets of each parent: workers' comp, unemployment, Social Security benefits, pensions and other assets
- Physical and emotional health of the children, taking into account the childrens' special needs or aptitudes
- Standard of living the children would have enjoyed had the household not been dissolved
- Non-monetary contributions that each parent will make towards the care for and well-being of the children
- Other factors
Although the amount of child support to be paid or received is set by a statute, your other contributions should not be ignored. It's best to have a lawyer make sure that no exemptions are ignored or claimed unfairly.
Child Support Modifications and Enforcement
If you have an existing child support order that you wish to change, it is necessary to show a substantial change in circumstances. Some examples of these changes include:
- Significant increase or decrease in income of either parent
- Change in needs of child
- Emancipation of a child that requires a change in child support payments for another child
If the paying party has violated an existing and binding child support order, the other parent can file for enforcement of that order, giving you the full enjoyment of your rights under the order. Through an enforcement petition, the court can force the parent to adhere to the rules of the order. In some circumstances, the court can enforce wage garnishments, revoke a driver's license, or assign jail time for willful contempt of court. Our firm can help you advance or defend against an enforcement action.
If you are the defaulting party, we can help you garner sympathy with the court, file for a modification, if warranted, or obtain the time you need to cure it.
Let's Get Started Today
If you have questions or concerns about your child support or child custody rights, please call us today at 866-377-0285, or contact us online.
