| LAW OFFICES OF JOHN HUGH O'DONNELL |
| Child Support |
| A Law Practice Dedicated to Hard-Working People |
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for individual advice regarding your personal situation. The information provided herein should not be interpreted as establishing an attorney-client relationship.
Copyright 2010 by John O'Donnell, all rights reserved
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The Child Support Standards Act was developed to ensure that child support
awards in New York State were fair and consistent. The goal is to give children
the same standard of living they would have if their parents had resided
together with the child or children. The law requires that the basic support
award be set as a fixed percentage of combined parental income, depending on
the number of children requiring support. The required percentages are as
follows:
awards in New York State were fair and consistent. The goal is to give children
the same standard of living they would have if their parents had resided
together with the child or children. The law requires that the basic support
award be set as a fixed percentage of combined parental income, depending on
the number of children requiring support. The required percentages are as
follows:
1 child 17%
2 children 25%
3 children 29%
4 children 31%
5 or more children at least 35%
2 children 25%
3 children 29%
4 children 31%
5 or more children at least 35%
The above percentages are applied to almost all parental
earnings up to $80,000 ( minus NYC taxes and social
security deductions). This includes worker's
compensation, disability payments, unemployment
insurance, social security, pensions and many other
forms of income. After $80,000, the court may in its
discretion use the percentage guidelines. The
noncustodial parent will be responsible to pay their
share of the child support obligation to the custodial
parent. Please note that the earnings amount of $80,000
will be increased to $130,000 beginning January 31, 2010.
earnings up to $80,000 ( minus NYC taxes and social
security deductions). This includes worker's
compensation, disability payments, unemployment
insurance, social security, pensions and many other
forms of income. After $80,000, the court may in its
discretion use the percentage guidelines. The
noncustodial parent will be responsible to pay their
share of the child support obligation to the custodial
parent. Please note that the earnings amount of $80,000
will be increased to $130,000 beginning January 31, 2010.
The basic support amount must be increased to cover
medical expenses not covered by insurance and child
care expenses, if the custodial parent is working
or in school. In addition, the court may increase the
award to include educational expenses for the child.
medical expenses not covered by insurance and child
care expenses, if the custodial parent is working
or in school. In addition, the court may increase the
award to include educational expenses for the child.
Although the court will follow the child support guidelines in awarding support,
parties are free to agree to waive the use of the guidelines. In these situations
however, the court will determine whether the amount agreed to, is sufficient to
provide adequate for the children. If not, the court will reject the parties'
agreement.
parties are free to agree to waive the use of the guidelines. In these situations
however, the court will determine whether the amount agreed to, is sufficient to
provide adequate for the children. If not, the court will reject the parties'
agreement.
