Child Support and Alimony

Child support is financial support provided by the non-custodial parent. Child support includes:

 

Cash payments (based on the parent's income and the needs of the child)

 

Health insurance for the child (medical support)

 

Payments for child care, and payments for reasonable health care costs that are not covered by health insurance.

 

Family Court officials determine the amount of child support the non-custodial parent will pay. Under New York State law, parents are responsible for supporting their child until the child is 21 years old.

 

  The court uses a standard guideline to calculate what the non-custodial parent will pay, based on the non-custodial parent's income and on the number of children involved. The court first determines the non-custodial parent's gross income, and then makes certain deductions (such as Social Security, Medicare, and New York City tax) to establish the non-custodial parent's adjusted gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:

 

17% for one child

25% for two children

29% for three children

31% for four children

at least 35% for five or more children.




  Then expenses such as medical, educational, and child care expenses are added to the income. The combined amount, percentage of income plus share of expenses, is the basic child support amount. However, there are exceptions for incomes over $80,000. In those cases, the court determines whether or not to use the percentage guidelines and may consider other factors in setting the full child support payment.

 

  Child support is all about children. Unfortunately, many people do not understand the intent of child support. Child support makes sure that children get financial support from both of their parents.

 

  Every child is entitled to financial support from its parents, and every parent has an obligation to ensure that these needs are met.

Working together, many couples are able to reach a satisfactory child support agreement. However, in some cases a negotiated settlement is not possible. Your lawyer will investigate and provide evidence of facts pertaining to estates, earnings, conditions, accustomed standard of living of the child and each spouse, child care and homemaker contributions of each party, and other relevant information.