New York Child Support Standards.
Child support in New York is governed by the New York Child Support Standards Act, Domestic Relations Law 240 Section 1-b and Family Court Act 413 (identical statutes). The Act assigns to courts a standard for allocating child support obligations between divorced parents. The purpose of the Act is to ensure that children of divorced parents receive the same standard of living they would have enjoyed had their parents remained together, while at the same time dividing financial obligations fairly.
Generally, the Act directs courts to take the following steps:
(1) Determine the combined total income of the parents.
Courts are directed to look at each parent’s gross income, but may make certain deductions or consider additional income sources or assets where appropriate. Additionally, if a court believes that a parent is misrepresenting income, it may assign a number it considers to represent the actual income of the parent.
(2) Calculate the children’s share of the parents’ combined total income.
Usually the court will determine the child or children’s expenses to be a statutorily assigned percentage of the parents’ total income, but some exceptions may be made in high-income cases.
(3) Assign a pro-rata share of the child/children’s expenses.
Generally, this means that each parent’s obligation to the child/children’s expenses will be in proportion to each parent’s share of the total combined income. Again, a court may assign an amount greater than the statutorily assigned proportion in high-income cases.
High income exceptions may be made at any step in this process, and a court may assign add-on expenses such a child care, medical expenses, or tuition. Tax issues also often arise in determining child support obligations.
As always, if you are have any questions regarding child support or you are having an issue with child support, please call (516) 858-2620 to speak with a Family Law Attorney today!
*Contributions of research and preparation for this blog were made by Jason Bernard Mays, J.D. (awaiting admission in NYS)
There are an increasing number of modification questions coming into our firm. Modification of a child support order is slightly different than modification of a child support agreement. It is more rare that a court will order a modification of a child support agreement because it interferes with parties right to contract. Child support agreements are however incorporated into judgments of divorce and are enforced the same as a child support order. It is just a more difficult burden to meet in order to have the court modify the agreement.
If you have a child support agreement or child support order and are having problems making payments or having problems collecting monies owed to you, feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC, at (516) 858-2620 to speak with a family law attorney!
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