Child Support Under New York Law
New York law recognizes that resources are vital for the well-being of children. When a marriage with children breaks down, determining child support can be hotly debated between the parties.
In general, the New York Domestic Relations Law and the Family Court Act provide a formula to calculate child support, based upon the income of the parents, the number of children, and the percentage of parental responsibility for child support the court assigns to each parent under the law.
Determining Child Support
Child support calculations are nuanced and include numerous factors. Typically, a custodial parent will receive weekly, bi-weekly or monthly child support pursuant to a statutory formula known as the Child Support Standards Act to cover expenses related to the basic needs of the child, including food, shelter, clothing, medical care, and education. While the calculation is formulaic, deviation from the presumptive amount of child support may be appropriate and is warranted in certain situations.
Courts have discretion in determining whether to apply the statutory income cap formula, which is periodically adjusted. Additionally, complex asset structures, self-employment, and income from non-standard sources (beyond a typical W-2 Form) can complicate the calculation of total income.
What If Circumstances Change and the Support Amount is Too High or Too Low?
It is not uncommon for one party to seek a modification of previously agreed-upon or court-ordered support payments following a divorce.
To obtain an increase in support, the custodial parent must demonstrate either that the child’s needs cannot be adequately met under the current payment arrangement and that a substantial change of circumstances has occurred, or that other statutory criteria are satisfied — including, in some cases, the passage of three years since the last order or a change in either party’s income by 15%.
For the payer seeking a reduction in support, the applicable standards vary depending on whether the existing arrangement stems from a private agreement or a court order, and whether there has been a significant change in income or a substantial lapse of time since the prior determination.
Protect Your Financial Security
Properly calculating child support to meet your child’s best interests requires more than just plugging numbers into a formula.
This process culminates in a court order outlining each party’s obligations under the law. Our attorneys will thoroughly explain the New York guidelines, present you with viable options, and work with you to achieve a financial outcome that protects your interests and ensures your child’s well-being.
Form a Plan to Protect You & Your Child’s Rights
Our attorneys will provide results-driven solutions to solve your family law problem.