Child Support Guidelines in NY State
If you’re going through a divorce or a paternity struggle, the issue of child support is likely on your mind. There is a lot to know about child support guidelines in New York State, and it’s important that you understand all of the child support guidelines in order to ensure you and your child’s other parent are doing their part. Both parents are equally responsible for providing for the financial needs of their child, so when there’s a separation or a divorce, this child support is established through the courts system. There are multiple ways that child support can be ordered, including being ordered during a divorce case, through filing a support petition, or through written agreements agreed upon by the parents and supported by the court. In order to ensure the parents of a child are handling the child support appropriately, the guidelines of child support must be well known.
Length of Time to Pay Support
In New York State, there are specific child support guidelines to follow regarding how long a parent must pay child support. This is solely based upon the age of the child. Typically, a parent must pay child support until the child reaches the adult age of 21 years old.
At this point, they would be free to stop paying their share of child support, as the child is now considered a self-supporting adult. In other cases, if the child is married, in the military, or considered self-supporting before the age of 21, they are legally considered emancipated and parents are not required to pay child support.
Income Shares Model
In order to calculate the award of child support, New York uses the income shares model. This model is part of the child support guidelines and takes into consideration the amount of money that the child would receive if the parents had remained together. This means that not just the paying parent’s income is considered – both incomes are considered within the calculation of child support. Once this presumption of child support percentage is established, it can only be overcome in written word upon inappropriate or unjust circumstances. The judge will then proceed to reduce or increase child support in a particular amount.
After the order is in place, if any change in income or location alters, a modification can be filed. This means if you lose your job or relocate to another place for your position, child support amounts can be reconsidered and modified by the court based on the child support guidelines.
The Child Support Formula
The guidelines of child support are based upon a fixed percentage of gross parental income and only vary depending on the number of children who should receive child support. For example, for one child, 17 percent of the combined parental income is due in child support. For 2, 3, and 4 children, the percentages are 25, 29, and 31, respectively. For more than 5 children, no less than 35 percent of the combined parental income should go to child support.
Contact Rochester Child Support Lawyer for Child Support Guidelines in NY State
Divorce and paternity struggles can be difficult. If you’re struggling with a child support dilemma, hiring a Rochester child support attorney may be best for you. A lawyer can help you through the child support process and ensure your child receives exactly what they need.
If you are in need of an experienced Rochester divorce lawyer, Michelle Cimino of The Cimino Law Firm is here to help. She has over 20 years of experience in family law and will be sure to keep your child in mind. Instead of struggling to pay for your child, get the child support they deserve. Contact us today to arrange a confidential consultation.
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