Legal Question in Family Law in New York

To make sure that the amount a person has to pay for child support is fair, the court uses a standard guideline to figure out what a person should pay based on how much they earn in a year. Remember: You will not be ordered to pay an amount that is unfair under the law.

Besides support payments, you may also owe support back to the time your child was born. You may also have to pay for your child's child care costs, uninsured medical expenses, and education expenses. If health insurance is available for your child through your employer, you will also have to get health insurance coverage for your child, as long as the health insurance coverage is available at a reasonable cost and is accessible to your child.

The court uses a standard guideline to calculate what you will pay, based on your adjusted gross income and on the number of children involved. The court first determines your gross income, and then makes certain deductions (including Medicare, Social Security, and New York City or Yonkers tax) to establish your 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 your share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.

For incomes over $130,000, the court determines whether or not to use the percentage guidelines and may consider other factors in setting the full child support payment.

The guideline was put in the law to make sure that the court establishes support amounts that people with similar income will pay, and is based on estimates of how much parents would contribute if the family lived together. The guideline was not meant to take as much money as possible from a person who has to pay support, and it is not based on what the person who has to pay thinks should be enough.

You have to pay child support even if you receive unemployment benefits, disability benefits, Social Security payments, or worker's compensation payments.

After the court determines the amount you should pay for child support, the court then considers how much income you will have after child support is deducted. If your remaining income would be less than or equal to the federal poverty income guidelines, an order for a lower amount (for example $25 per month) may be issued. This amount may then go up when your income increases, after review by the court.

Also, if your income is less than or equal to the federal poverty income guideline, there is a limit on the amount of unpaid child support arrears that can be accrued (built up). The amount that you owe when you are at these income levels cannot build to more than $500.

(NYS child support website)

NEW YORK OFFICE

1225 Franklin Avenue

Suite 325

Garden City, NY 11530

If you want, you can use the NYS Child Support Calculator offered by the NYC Department of Social Services. The calculator may be found at http://www.nyc.gov/html/hra/html/directory/child_support_calculator.shtml.

A detailed calculator may be found at the NYS Office of Temporary and Disability Assistance. The calculator may be found at: https://newyorkchildsupport.com/employers_iwc.html.

Mike.