Legal Question in Family Law in New York

Self support reserve

1. Is the self-support reserve applied to gross income or net income?

2. If the self-support reserve is applied to net income, can elective deductions count as well. For example, union or 401k.

3. Can judge apply self-support reserve rule if child support would put ncp income a few dollars above self-support reserve? Or must the contribution put the ncp below the self-support reserve?

4. Can the self-support reserve be applied for each aspect of child support (basic support, medical expenses, school/childcare expenses, etc)?


Asked on 6/06/04, 10:13 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Self support reserve

1. "Self Support" rule applies to gross income minus FICA & Medicare; and minus required employee deductions & sometimes City Taxes.

2. Maybe. It may reduce "taxable" income; it may be due repayment of a debt etc., it may be due the Union and employee "package" arrangment, etc..

3. Question confusing. But, The Court may take into consideration any and all other circumstances, re the payor parent's economics, to arive at a number that is just and appropriate and consistent with the child support guidelines.

4. The "Reserve" is not a number or formula that is applied to anything. It is supposed to be the sum that must be "reserved" for the ncp to live on, after paying his or her child support, care, obligations. Payment for child medical expenses are supposed to be covered by employment insurance, and "public insurance" as it may exist. The ncp share is pro rata of the portion not paid by insurance. It is not usually related to any "Reserve" or other calculation.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ.

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Answered on 6/07/04, 7:00 pm


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