Child support is a significant issue in many divorce and separation agreement matters in New York. The non-residential custodial parent pays child support to the residential custodial parent. What happens if there is joint custody? If the parties have joint custody then the parent making more money pays child support to the parent making less money. However, a fairer solution is for the parents to work out a negotiated child support arrangement that is helpful for the children
Child Support and Custody
Sometimes one parent will seek custody of the children for the sole purpose of collecting child support. The parent who is paying child support often have changes in their life. They can lose their jobs. They can be downsized. They can be injured in a car accident and unable to work. A parent can bring an application either to the Family Court or the Supreme Court to modify a Child Support Order that is based on having a higher income.
Child Support Formula
Child support is calculated on a formula. Combined parental income is determined by first subtracting Social Security and New York Income Tax. The formula is 17% if the non-residential custodial parent’s income for one child, 25% for two children, 29% for three children, 31 percent for four children and 35% of the income for five children. There is also a cap and the cap changes periodically. That means only a portion of the parent paying child support’s income is usually allowed to be considered with regard to child support. However, under certain circumstances Judges can go over the cap. Fathers should take an aggressive role in their children’s lives and also take an aggressive role in seeing to it that their rights as fathers are protected.
Elliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.
