Ending a marriage or relationship does not mean ending the responsibility of caring for the children whom are a part of the marriage or relationship.
In many divorce cases, one parent will keep the child, and the other will need to pay child support to help with any expenses related to raising the child.
What the Law Says About Child Support
To determine the amount of child support, the court takes into account the non-custodial parent’s income (as long as the combined income of both parents does not exceed $143,000). The court will then multiply the combined income by the percentage below:
- One child = 17%
- Two children = 25%
- Three children = 29%
- Four children = 31%
- Five or more children = not less than 35%
Generally speaking, “income” is the gross income reported on the income tax return. This includes investment income, and does not include paid FICA taxes and New York income taxes.
In addition to the guidelines, the court also considers how much each parent makes, the special needs of the child, if any, and whether the parent is already caring for another child.
Change in Circumstances
If you can no longer handle the child support according to your current financial situation, you may bring a proceeding in court to obtain a new order — one that represents a fairer amount of child support.
This is called a substantial change in circumstance. According to the New York family law, change in circumstances that warrant child support modification include:
- Health issues for either the parent or a minor child
- One of the parents got a promotion, had a raise, or was involuntary terminated
- The child has greater needs
- There is a change in day care
- Remarriage
- Relocation
- Additional children
If you want to understand better how child support works in New York, call Olivier E. Roche, Esq. I can walk you through the process, and help you reach a favorable outcome on your child support case.
Call today to get a free 15-minute consultation.
