Basic New York Child Support Information
Definition of Child Support According to New York Laws:
Child support is a payment of a calculated amount ordered by the court for the non-custodial parent to pay. Child support not only includes cash payments, but also includes health insurance, child care payments, and payments that go towards reasonable health care that is not covered under the health insurance that the parent carries. The family court officers determine how much child support the parent or parents have to pay. According to the law set in New York, parents are responsible for child support and financially supporting their child until the child is 21 years of age.
Who is able to Apply for Child Support?
Any parent, caretaker, or guardian who requires child support to help financially support their child due to an absent parent or a dissolved marriage can apply for child support assistance.
It is also stated that any New York resident who applies or has applied for safety or temporary net assistance will automatically get child support services where applicable.
How is the Child Support Amount Determined?
New York courts use a standard guideline that they have set in place to calculate what the parent or parents will pay. Usually this is based upon the parent's adjusted gross income and it is also based upon how many children are involved. When the courts look at the parents gross income to determine child support, they will make certain deductions such as Social Security, Medicare, and New York taxes, this is how the parent's adjusted gross income is figured.
Once the deductions have been made the adjusted gross income is multiplied by the standard percentage guideline for the number of children that are involved in the child support order.
The percentages that the court uses as guidelines are as follows:
- 1. 17% = 1 Child
- 2. 25% = 2 Children
- 3. 29% = 3 Children
- 4. 31% = 4 Children
If the parent is paying child support for five or more children the percentage will start at the least amount which is 35% and will increase and the court sees fit.
The court will then calculate child care, education, and medical expenses, these expenses are then added to the income percentage amount.
The child support payment amount is the combined amounts of the percentage of income and the shared expenses.
There is an exception to these guidelines if the parent is paying child support and had an annual gross income of $80,000 or more. This is where the court would decide if using the percentage guidelines would be appropriate or not, and usually the court will consider other factors when deciding what the full child support amount will be under this type of circumstance.
What if the Custodial Parent Moves?
If the custodial parent is to move while getting child support payments, the custodial parent must notify the Child Support Enforcement agency of any mailing or residential change. The parent must also keep phone numbers, Social Security information, and other personal information up to date with the agency. Usually if the custodial parent does not notify the agency of changes the child support payment or payments could be lost or delayed when getting to the custodial parent.