As most New York residents would agree, divorce is made more difficult when children are involved. While spouses are eager to move on to a new life, the children still want their parents to stay together under the same roof. Courts in the U.S., including in New York, often order one parent to take child custody and orders the other to pay child support.
The courts use a guideline while ordering child support, tracking the non-custodial parent’s income in a year. The court calculates the parent’s gross income and the number of children included in the child support claim. Then the court makes certain adjustments, such as deducting Social Security, Medicare, New York tax and then arrives at a figure-the adjusted gross income. Then this income is multiplied by a percentage for the number of children involved in child support. This percentage is provided in the standard guideline in New York and is enumerated here.
If the parent has one child, then it is 17 percent of gross adjusted income; if there are two children, the figure is 25 percent; with three children, the figure is 29 percent; it is 31 percent if the non-custodial parent has four children; and 35 percent if there are 5 or more children involved. The amount paid in child care, educational and medical expenses are also added to this percentage. This combined figure is the child support amount.
New Yorkers who have questions child support may benefit from discussing their situation with an experienced divorce attorney.