Child support and divorce are two interdependent matters, which require careful consideration. Getting a divorce, spouses should regard best interest of the child above all, no matter how tough their dissolution process is. In NY, both parents must financially support their kid, but, as a rule, the obligor would be a non-custodial parent.
Calculating a Child Support Payments in New York
Before starting a DIY process, you need to have a plan to be aware of any potential pitfalls you might face. Here are some of the basic steps to getting a divorce in Pennsylvania without a lawyer:
According to the NY laws, child support percentage is the following:
- 17% of the combined parental income for 1 kid;
- 25% for 2 kids;
- 29% for 3 kids;
- 31% for 4 kids;
- no less than 35% for 5 or more kids.
It is, however, important to note that there are factors that might affect the final sum.
Factors in the New York Child Support Formula
In cases when combined parental income is more than $154,000 a year, then the court can make a decision on the child support rates suitable in that situation. In general, courts take the following factors into account:
- Financial resources of each party;
- Kid’s physical and mental health;
- The basic standard of living of the family;
- Taxes deducted to each spouse;
- Non-material contributions to kid’s upbringing;
- Income ratio of both spouses.
How to apply for child support in New York?
If you’re dealing with custody and child support matters during your divorce, the paperwork related to the former should be a part of your divorce package. You will need to:
- Find the appropriate one for your case and fill it out. Sign the forms after printing, in front of notary if necessary.
- File the divorce package with the court and pay the filing fee unless you request to drop it.
- Get the copies served on your spouse within 120 days.
- Submit the rest of the paperwork to the court. Most of the forms related to your children will be filed at this point.
When requesting support separately, you need to:
- Fill in the Petition for Child Support. In some counties, you may be required to provide some additional information about your spouse and kids.
- After that, you will need to file with the Family Court Clerk’s office or through the Collection Unit.
- When filing the petition, you will also be asked to fill in a Financial Disclosure Affidavit and provide some financial information about your earnings, insurance, property, debts, and taxes.
- Once you get the notice from court, you and your spouse should go to a hearing and answer judge’s questions about your case.
Child Support Calculator Tips
- Court considers combined parental income.While deciding on child support rates, the court takes into account the combined income of each spouse, including salary, unemployment benefits, compensation, Social Security, etc. Besides, the court will also deduct FICA tax and the kid’s health insurance.
- Child support payments may be reduced.According to the laws, if the obligor’s earnings are below $12,880 (the Federal Poverty Level) after the payment reduction, he or she may be obliged to pay $25 a month. Alternatively, if the obligor’s income is below the NY State Self-Support Reserve ($17,388), he or she will pay $50 a month.
Example of Calculating Child Support
Let’s make the approximate calculation of child support for Max and Sam, a couple who is going through a divorce. Max possesses physical custody of their daughter, and child care expenses for Max and Sam’s daughter are $800 a month.
Sam’s net income is $2600, and Max earns $2000 a month. Their combined income is $4600. With the state guidelines, it is multiplied by .17. So, Sam and Max’s obligation is 1150.
Sam’s share is 56% of the combined parent income. According to the official Child Support Calculator, Sam is obliged to pay approximately $644 a month after Medicare, FICA, and NYC tax deductions, as their combined income percentage is bigger than that of Max.
New York Child Support Resources
- In order to be more aware of calculations and rules, parents are advised to review child support laws in New York (for example, Family Court Act - FCT § 413).
- If spouses are willing to find out more about the amount they can expect to pay or receive, they are welcome to refer to Child Support Standards Chart.
- More child support guidelines can be found on the official website of the state.
Frequently Asked Questions About State Child Support
1) What Is Child Support Supposed to Cover?
Child care costs in NY cover basic needs of children such as food, clothing, housing, etc. However, it does not cover additional expenses such as medical insurance.
2) How Is Child Support Collected?
Parents in NY can pay child support in two ways: online with a debit/credit card or by check and money order.
3) Can the Amount of Child Support Be Modified?
It is possible, although uncommon. There are three grounds for support modification in the state:
- Gross income of a parent had changed by 15% or more;
- It has been three years since the support order was entered or modified;
- Substantial life changes pertaining to childcare costs and parental income.
4) Does Child Support End Automatically When the Child Turns 18?
Not in New York. In this state, the support is paid until the kid turns 21 unless they become self-sustainable, go to military, or get married. However, custody and visitation are terminated when the child reaches the age of 18.
5) What if we Share Custody?
In the case of shared custody of children, like in many other states, NY courts will likely oblige the parent with higher income to pay to the parent with lower earnings.