New York Family Law
Child Support Guidelines
New York Family Law Child Support Guidelines
In New York divorce cases, the court uses a standard guideline to calculate what a noncustodial parent will pay. This guideline is part of state law. The amount to be paid is calculated based on the noncustodial parent's adjusted gross income (AGI) or "take-home pay" in addition to the number of children involved.
The New York court first determines the noncustodial parent's gross income. After this, the court figures out the noncustodial parent's costs for Medicare, Social Security, and New York City/Yonkers tax to establish the noncustodial parent's AGI. The court then multiplies the adjusted gross income by the standard guideline percentage per the number of children. The percentages used are as follows:
- 17% - one child
- 25% - two children
- 29% - three children
- 31% - four children
- not less than 35% for five children or more
Added to this number is the noncustodial parent's state law mandated share of each child's professional care, educational, and medical expenses. Normally, this adds up to the noncustodial parent's child care.
However, for noncustodial parents who earn at least $80,000 per year, it is at the discretion of the court whether or not to use the percentage guidelines, and depending on circumstances they may consider other factors in determining the full child support payment.
When will Child Support Enforcement CSE open delinquent case against delinquent noncustodial parent?
New York family law child support guidelines
information needed by the Child Support Enforcement Unit (CSE) in order to open a case against a possibly delinquent noncustodial parent
If you are a custodial parent who wants to bring a CSE case against the legally recognized noncustodial parent of your child and you call or visit your county CSE agency, you'll need to provide as much information about you, your child(ren), and the noncustodial parent as you possibly can. The more information custodial parents can provide, the more quickly CSE can assist them.
Information about the noncustodial parent should include their:
- Full name as used on legal and financial documents
- Date of birth
- Current or most recently known address and telephone number
- Current or most recently known address and telephone number
- Social Security number -- if this is not known you can look on old pay stubs, tax returns, or military or medical records
- Income information--again, you can look on pay stubs, tax records, pay stubs, or business or bank records--have this for both you and the other parent if possible
- Health insurance information
Other information that you should provide if you are able to do so:
- Filiation order or the written acknowledgment of paternity for each child
- Copies of child support orders from the court
- Your marriage license
- Written dvorce decree or separation agreement
- Documented information showing child expenses and any particular or special needs of the child
New York family law child support guidelines stated information that you are to provide about the child(ren):
- Their birth certificate(s) and SS numbers
- Information about their health coverage
- current or last known address (if different than custodial parent's)
If you as a custodial parent move or make any changes to methods of contacting you while you're receiving child support services, you have to notify CSE immediately of any changes in your residential and/or mailing address, your telephone number, or any personal ID information. If you don't do this, and you lose or have delays in receiving your benefits or other services, it is your fault and you won't be able to recover lost benefits.
If you need a divorce lawyer to help with New York family law child support guidelines call now 718.259.4500 or email us if we can help.
After viewing our New York family law child support guidelines check out New York child custody laws information or go to our free artilce library.
