When a marriage ends, the children's welfare should remain a paramount concern. One of the ways that New York provides for children in a divorce has been to establish the Child Support Standards Act, which are found in the Domestic Relations Law and the Family Court Act. The courts and attorneys use these guidelines to calculate child support fairly, correctly, and accurately.
At the Rochester, New York, law offices of Warren Welch, Esq., LLC, we keep up to date as these guidelines change and we strive to help clients reach amicable child support agreements by looking at all applicable factors. Contact our law firm today to learn more about how we can help you.
How Is Child Support Determined?
Under New York law, the non-primary parent is required to pay child support to the primary parent. Child support is mandatory until the child turns 21 years old or is emancipated, but parents often come to a customized agreement that works for their unique situations. For example, some parents may agree that support will continue for four consecutive years after high school to cover college expenses.
By statutory formula, the paying party will be responsible for the following:
- 17 percent of combined parental gross income for one child
- 25 percent of gross income for two children
- 29 percent of gross income for three children
- 31 percent of gross income for four children
- No less than 35% of combined parental income for five or more children
When calculating this basic support, recently the "cap" of how the above numbers are arrived at was raised from the first $80,000 of combined parental income to $130,000.
Additionally, if parental income exceeds the new cap amount of $130,000, the support guidelines require that certain mandatory add-ons be included in all child support orders such as unreimbursed medical expenses and day care. The courts will also consider expenses such as extra-curricular activity expenses, insurance and education costs such as tuition if the child attends private school.
A Dedicated and Detailed New York Support Guidelines Lawyer
Rochester, New York, child support attorney Warren Welch has over 35 years of experience representing parents in child support negotiations and determinations. He will carefully guide you through this complex process making sure you comply with the state guidelines and that all the children's needs are met. We can also help you if you need a modification of an existing child support order, because your circumstances have substantially changed.
Do you have other questions about support, alimony or spousal support? How can we help you? Contact the law office of Warren Welch Esq., LLC to schedule your consultation.
