Legal Question in Family Law in New York
Child Support for 2 children
how is child support factored when two children are involved? I know that it is 25% for two children, however, if the non-custodial parent is to pay $1000/month for those 2 children he must pay that amount until the second child becomes emanciapted, correct? Should it be written as $500/ month for each child? But then that's not right because then when the older child leaves home the custodial parent wont be getting the correct amount. The kids are several years apart in age. Can a stipulation be added to the agreement allowing for the decrease in child support upon the emancipation of the elder child?
2 Answers from Attorneys
Re: Child Support for 2 children
It is 25% for two children and 17% for one child, per the CSSA standards.
Generally you are not required to pay 25% for one child, when the older child is no longer entitled under the statutue.
Therefore, you should use a "boilerplate" or standard court child support stip, that does not attempt to get creative.
Attempting a "lock" could work against your interests. For, If there is a substanial change in your financial circumstances, custody arrangements, emancipation of a child, an overly specific stipulation now, could limit remedies or relief that may be available to you, in the future.
Good luck,
Phroska L. McAlister,ESQ
Re: Child Support for 2 children
The stip should provide that the 25% dollar amount applies until the emancipation of the older child, then decreases to the 17% figure until the younger child's emancipation, upon which the order terminates. You should consult with an attorney before agreeing to anything. Child support orders are strictly, and harshly, enforceable - and you can already see that subtle issues can greatly affect the amount of the obligation.
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