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In New York, parents are required to financially support their children until the age of 21 (unless emancipated sooner).
How is Child Support Calculated in New York State?
In New York, child support is governed by the Child Support Standards Act. The New York Child Support Standards Act contains the formula used to calculate the presumptively correct amount of child support to be paid.
The combined basic child support obligation is calculated by multiplying the parents’ combined income by the appropriate child support percentage. The appropriate child support percentage is determined by the number of children.
• For one child, the child support percentage is 17%
• For two children, the child support percentage is 25%
• For three children, the child support percentage is 29%
• For four children, the child support percentage is 31%
• For five children or more, the child support percentage is 35%
The combined basic child support obligation is then divided between the parents based upon his/her share of the combined parental income.
In New York, What Else Do Parents Contribute Towards?
In addition to basic child support, a parent in New York can request that the other parent financially contribute toward the cost of childcare, the cost of health insurance premiums for the children, and the cost of unreimbursed healthcare expenses for the children. In certain circumstances, a parent can also request contribution toward educational expenses.
Can I Modify an Order of Support in New York?
In New York, a child support order can be modified under the following circumstances: (1) if there has been a substantial change in circumstances since the entry of your child support order; (2) if it has been three years since your child support order was entered; or (3) if there has been a change in either parent’s income by at least fifteen percent (15%) or more.
What if the Other Parent Refuses to Pay Support in New York?
If you have an Order of Support that the other parent refuses to comply with, you can likely file a Violation Petition to hold the other parent accountable and to obtain the support you are owed. In New York, if the other parent is held to have willfully violated the Order of Support, you can also be awarded counsel fees.
How Can Copps DiPaola Silverman, PLLC Help?
Our attorneys are well-versed in all areas related to child support. At Copps DiPaola Silverman, PLLC, our experience trial attorneys will work hard to achieve the best possible outcome for you and your children through settlement negotiations or at a trial if you and your former spouse/partner are unable to reach an agreement on these issues.
Copps DiPaola Silverman, PLLC practices primarily in the following counties:
• Albany County
• Columbia County
• Fulton County
• Greene County
• Montgomery County
• Rensselaer County
• Saratoga County
• Schenectady County
• Schoharie County
If you are seeking to establish a New York order of support, modify an existing order, or seeking to enforce a current order, please contact us at office@theCDSLawFirm.com or (518) 436-4170.
The Child Support Standards Act Chart can be found at https://www.childsupport.ny.gov/dcse/pdfs/CSSA.pdf.