New York Child Support Guidelines
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Under New York child support guidelines and laws, child support payments are likely to be ordered by the court when the court does not award joint custody in the event of a divorce. The custodial parent will receive the payments from the non-custodial parent. These payments may include:
- An amount of money paid to the custodial parent with respect to the incomes of both parents, the children's needs, and the children's general way of life before the divorce.
- Medical support for the children including health insurance.
- Reasonable payments for the children's non-cosmetic and non-dental health care costs that aren't covered by either parent's health insurance plan.
- Child care payments.
- Special education needs payments.
New York family court magistrates determine the amount of regular child support money the non-custodial must pay. The magistrates use a general basic guideline to determine how much you have to pay based upon your Adjusted Gross Income if you make less than $80,000 per year. If your income is less than this amount, the court uses percentages of your AGI to make the regular payment determinations as follows:
- 17% -- one child
- 25% -- two children
- 29% -- three children
- 31% -- four children
- Not less than 35% -- five or more children
All children born to parents who are residents of New York have the right to financial support from both parents until they are 21 years of age. This holds true even if their parents never married, never lived together, or if they have never known one or both of their parents.
In the latter instance, parents must pay child support money to whomever the children live with under guardianship. If a parent's situation is such that they have no income, they will be ordered by the courts to find gainful employment within their capabilities within a reasonable amount of time.
- If you are raising a child who is under 21 now as a parent or guardian and are not receiving child support, New York child support guidelines and laws say you can apply for child support pay. The state will seek out the parents of the child and determine how much they must pay you.
- If you are the biological father of a child, and you and the child's mother both know it for a fact, but your name is not on that child's birth certificate (and you never married the mother), you are not that child's legal father.
- Thus even though you are the father, you are not bound to any financial obligations to any child that is not legally recognized as yours. However, you can with the agreement of the mother have your name put on the birth certificate and become the child's legal father.
- This is an emotional issue, but it will then become a financial one, too. You might owe back support pay. This should not stop you from taking legal authority over and responsibility for your children, but you must be prepared.
As you can see, New York child support guidelines can be difficult for some parents under certain conditions. If you wish to seek child support pay or wish to challenge how much you have been ordered to pay, contact New York divorce attorney Mary Grace Condello. She knows New York child support guidelines and can give you the sound, in-depth advice you need.
If you need a divorce lawyer call now 718.259.4500 or email us if we can help.
After viewing our New York child support guidelines check out New York child custody laws information or go to our free artilce library.
