Calculating Child Support in New York

Contact a Dutchess County Child Support Lawyer

In the state of New York, non-custodial parents are oftentimes required to pay custodial parents periodic child support payments to help with the cost of raising a child. Determining child support is an important part of divorce negotiations, though these payments are also needed in situations where children are born out of wedlock to single parents. These payments can be ordered to be made on a weekly, biweekly, monthly, or bimonthly basis and will vary in amounts depending on several different factors.

Child support payments are determined by the following:

• The number of children
• The gross annual income of the parents
• The amount of withheld taxes
• The special needs of the child
• The presence of spousal support

What is The Child Support Standards Act?

New York determines child support payment amounts under the Child Support Standards Act. This law was created to ensure child support standards remain fair and consistent to ensure all children receive the same standard of living they would have received if their parents were still together. Under this legislation, basic child support awards are based on a fixed percentage of parental income. Percentages will increase if a child support order is being sought for more than one child.

As of 2015, child-support-paying parents must pay the following income percentages:

• 17% for one child
• 25% for two children
• 29% for three children
• 31% for four children
• At least 35% for five or more children

This percentage structure is applied for all parental income up to $141,000, minus Medicare and tax deductions. Any court ordered spousal support payments may be deducted from this amount as well. If a parent’s income exceeds this amount, the courts can choose whether or not to adhere to the above guidelines. In addition to this basic amount, child support must cover medical support, health insurance, food, clothing, legal care, and educational expenses.

Low-income, non-custodial parents are given special consideration under the law. If a parent’s income is below the poverty level, a support order of $25 per month may be established. Those who make less than the New York State Self-Support Reserve may have a $50 per month arrangement. Since these thresholds change each year, it is important that you consult with an attorney to determine if you qualify for these privileges.

Family Law Representation in Dutchess, Orange, Putnam, Rockland, Ulster & Westchester Counties

At the Law Office of Dennis R. Vetrano, Jr., LLC, our skilled attorneys can examine your unique circumstances and help you establish a fair child support payment structure that best fits your family’s needs. Having represented both paying and non-paying parents, we are committed to doing everything within our power to help you reach a mutually acceptable solution that ensures the fair treatment of all parties. With more than 75 years of legal experience, we can use our vast legal knowledge to protect you and your child’s rights, no matter how complex your situation may be.