Child Support Is More Complex Than Plugging Numbers Into A Formula
Through child support, a non-custodial parent contributes financial support toward his or her child’s reasonable needs and expenses. In New York, the amount of child support a child receives is largely determined by a formula. Whether you are going through a divorce, or involved in a child support action as unmarried parents, an experienced attorney can explain how child support works and act as your advocate throughout your case.
The Westchester County child support lawyers at Markus & Sheridan, LLP, have extensive experience handling a wide range of family law issues. From our office in Mount Kisco, we provide skilled representation and trusted advice about child support to mothers and fathers.
Understanding The Child Support Guidelines
The Child Support Standards Act (CSSA) provides a formula for the calculation of child support payments. Generally, the basic payment amount is related to the number of children and the income of the parents. The court will look at the proportion of the non-custodial parent’s income to the combined income of the parents and calculate the non-custodial parent’s child support based on percentages: 17 percent for one child, 25 percent for two children, and higher percentages for each additional child.
There is a statutory cap which is presently $143,000 for the combined income and increases every two years based on the Consumer Price Index. The court, however, has the discretion to calculate child support beyond this cap, and they often do. Additionally, the court can impute income to both parents in cases where it can be shown that a parent has greater income than shown on his or her tax return or has a higher earnings capacity. This could include cases where a parent is an independent contractor or is paid in cash.
In addition to the basic child support amount, there are also add-ons. This includes reasonable child care when the custodial parent is working and unreimbursed health care expenses. These add-ons are paid in proportion to each parent’s income. For example, if the non-custodial parent makes $100,000 and the custodial parent makes $50,000, then the non-custodial parent would pay two-thirds of the cost.
Contact Our Mount Kisco Lawyers About Child Support Payments
To learn more about the child support guidelines in New York, contact our firm online or call 914-241-6300 or 212-682-1115. From our office in Mount Kisco, we represent clients throughout Westchester County, New York City and the surrounding areas.