Child support in New York State is paid from the non-custodial parent to the custodial parent. The calculation is usually based upon last year’s income, and adjusted for Medicare and FICA. After determining the gross income, the resulting number is multiplied by a percentage based upon the number of children you have (17% for one child, 25% for two children, 29% for three children, etc.). That percentage is the presumptively correct amount of annual child support, which can then be divided into a weekly, biweekly or monthly amount based upon the payor’s pay schedule.
The cap is currently $141,000, meaning the Court uses the first $141,000 of combined parental income in determining the presumptively correct amount of child support. Courts do go over the $141,000 cap, however, they must provide a reason for doing so. In addition to basic child support, parents share the cost of the children’s unreimbursed healthcare expenses and childcare expenses while parents are working or attending school in proportion to their income. Theses expenses are pro rata to the parties’ incomes.
In addition, child support in New York State is paid until the age of 21. There are circumstances where child support can be terminated earlier, including but not limited to, the child’s marriage, or entrance into the military.
There are many nuances in determining the appropriate child support, including self-employment deductions, business expenses, shared parenting schedule, extra-curricular activities, summer camp, etc. Please call the office to schedule a free consultation to discuss your specific case with an experienced attorney.