Blogs from June, 2013


New York has child support standards and the amounts are calculated following the Child Support Standards Act (CSSA) along with domestic relations laws and family court acts. Generally non-custodial parents have to pay a "basic child support obligation" unless the court determines it inappropriate for a unique situation. This basic obligation is found by multiplying the parental income of both parents combined with the child support percentage appropriate for their number of children. The determination of what income is follows the definition of gross income that would be reported on a tax return with FICA, Medicare and local taxes deducted from the total.

Percentages of Child Support Based on Amount of Children

The amount of children plays a significant role in the child support determination and the "basic child support obligation" uses certain percentages based on the number of children. The percentage breakdowns include:

  • One child: 17% of the combined parental income
  • Two children: 25% of the combined parental income
  • Three children: 29% of the combined parental income
  • Four children: 31% of the combined parental income
  • Five or more children: 35% or more of the combined parental income

Calculating Child Support Example

An example of the calculation would be if the non-custodial parent makes $100,000 a year without a local tax but has a Medicare tax amounting to $1,300 and a FICA tax of $6,350 the child support would be based on the income after the taxes are deducted. The amount would be $92,350 and combining that with the custodial parent's income of 30,000 would be the combined parent income. Taking 17% of that combined amount would represent the child support payment if the parent had one child. The total would be $20,799.50 for child support from the non-custodial parent.

To show the mathematical equation in numbers it would look like this:

($92,350 + $30,000) x 17% = $20,799.50

This is the amount that would be owed each year. Additions to that can be made if the child has special health needs or if the child is in a child care program. When it comes to determining payments for child care and health insurance and any other needs of the child, the amount would be split up according to a pro-rated formula. Using an example, if a non-custodial parent made $100,000 and then the custodial parent earned $50,000 the non-custodial parent would pay 66.6% of the cost of child care while the custodial parent would pay 33.3%. If the child care was $300 a week, the non-custodial parent would pay $200 while the other parent would pay $100.

Seek Representation from a Divorce Lawyer in Staten Island

Every divorce is unique and no two child support determinations are identical. The amounts can vary due to a number of factors but there is a formula for the basic obligation in New York. There are always extracurricular activities and educational expenses that can change the child support amount and the court can order one parent to pay more for a variety of reasons. If a parent is in school then other parent may have to pay a larger sum in child support to make up for the time and expenses necessary for the education of the custodial parent.

Do you need a lawyer for your child support issue in Staten Island? I, Attorney Dow am an experienced Staten Island divorce attorney and I may be able to represent you in your child support battle. In order to ensure that your wants and needs are fought for call my firm, The Law Offices of Adelola Sheralynn Dow, as soon as possible.

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