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Child Support

Child support is money the non-custodial parent (the parent who does not have physical custody) pays the custodial parent (the parent who has physical custody) to help support a child. Child support consists of direct payments as well as expenses like health insurance and medical costs, educational expenses, and even child care while the custodial parent is at work or school. Child support in New York is determined by a set of guidelines that take into account factors such as income, expenses and the time that each parent spends with the children. 

The team of Barrocas, Mintz, Misuraca, and Record: Family Law & Mediation has over 50 years experience helping clients create appropriate child support agreements. Whether you are the parent who be required to pay support or the parent who will be receiving support, we will work vigorously to secure a support agreement that provides for your children and protects your interests to the fullest possible extent.

 

How is Child Support Determined in New York?

The Child Support Standards Act (CSSA) provides a basic formula for calculating child support based upon the parents combined income and the number of un-emancipated children.  All types of income are considered, including wages, dividends, interest, business and investment income and gains, voluntarily deferred income or compensation, most cash benefits, pensions and retirement benefits, fellowships and stipends and annuity payments.  

The basic child support obligation is based upon the non-custodial parent’s proportional share of the combined parental income for all types of income, after deductions for FICA (social security and Medicare taxes), New York City or Yonkers taxes, are paid.  Combined parental income is capped at $141,000 (this cap is subject to change every two years). After $141,000 the court has discretion of whether or not to apply the percentage. 

The applicable percentages of the total combined income are as follows: 

  • one (1) child 17%, 
  • two (2) children  25%, 
  • three (3) children 29%, 
  • four (4) children 31%, and 
  • five (5) or more children  35%.   

Parents may enter into an agreement which deviates from the CSSA as long as their agreement recites the CSSA obligations and the reasons for differing from those obligations. The Long Isand and New York City child support attorneys at Barrocas, Mintz, Misuraca, and Record are available to help you determine a support agreement that safeguards your and your children’s future and appropriate for your case.  

 

How long will I have to pay child support?

Parents usually agree that when a child is enrolled in a full time college and is pursuing an undergraduate degree, the age of emancipation is 22 years or the completion of four years of college, whichever comes first. In all other instances, the age of emancipation is 21 unless certain other factors exist which may trigger an earlier emancipation upon application to a Court.

Child Support Resources

Estimate Child Support with this Child Support Calculator

(note this is for information only; each case is different and the amount of support depends on the specifics of your case).

View the New York State Child Support Standards Chart

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