New York Child Support Attorney
Protecting Your Children, Protecting Your Rights
When two parents file for divorce, whether the divorce is highly contested or amicably resolved, it is necessary to address child support in order to make sue that your children are properly supported in both houses after the divorce is finalized. The needs and support of the children are a paramount concern of ours in any divorce proceeding. Without properly addressing this issue with the help of a knowledgeable divorce lawyer, both the children and parents can face significant financial repercussions for years to come.
Calculating Child Support Payments in New York
Regardless of the particular circumstances and facts in your case, it is important to understand how child support will be handled by the court if you and the other parent cannot come to an agreement on your own. In New York, the courts determine child support based on the Child Support Act (CSSA). First, they start by applying the percentage of combined parental income (up to a statutory cap), depending on how many children are involved. Currently, these percentages are:
- One child: 17%
- Two children: 25%
- Three children: 29%
- Four children: 31%
- Five+ children: 35%
The Court can use a combined income in excess of the cap when considering numerous additional factors. This firm has been very successful in securing child support calculations using combined income far in excess of the statutory cap in cases such as A.S. v. T.K.
Next, they allocate support between the parents based on their respective incomes. “Income” refers to gross income reported (less certain deductions), or what should have been reported on the parents’ income tax returns. In some cases, the court may also impute income in excess of a person’s alleged reported income.
Aside from awarding basic child support, courts may also order awards for any applicable add-on expenses for your children including: healthcare; work necessitated child care, education, extracurricular activities and potentially other justifiable expenses.
It is important to ensure that you are represented by an experienced attorney so you do not overlook anything and to secure the proper amount of child support in order to protect your children and to properly provide for them.