New York child support calculations are extremely complicated.
To get an uncontested divorce, you and your spouse have to be in agreement about child support. If you’re not in agreement, but are willing to try to reach an agreement, our New York divorce mediation lawyers can help you mediate child support and any other divorce related issues.
We have seen many clients whose divorce paperwork has been rejected by the court over and over again because of child support calculation issues.
Don’t let this happen to you.
We offer free consultations regarding child support issues. Please call (866) 830-2064 to schedule your free consultation today.
Child Support Standards Act Child Support Guidelines
New York child support is governed by the Child Supports Standards Act. The Child Support Standards Act sets forth certain guidelines regarding child support calculations.
The Child Support Standards Act mandates certain child support guidelines. They are complicated to compute, but come out to a certain pro rata percentage of the combined parental income up to $136,000:
- 17% of the non-custodial parent’s proportional share of the couple’s adjusted gross income up to $136,000 for one (1) child
- 25% of the non-custodial parent’s proportional share of the couple’s adjusted gross income up to $136,000 for two (2) children
- 29% of the non-custodial parent’s proportional share of the couple’s adjusted gross income up to $136,000 for three (3) children
- 31% of the non-custodial parent’s proportional share of the couple’s adjusted gross income up to $136,000 for four (4) children
- and no less than 35% of the non-custodial parent’s proportional share of the couple’s adjusted gross income up to $136,000 for five (5) or more children
These are just guidelines and you and your spouse can agree to deviate from themby entering into a Stipulation Regarding Child Support, as long as good reason is given to the court for the deviation and the Child Support Standards Act is cited and the guidelines are calculated.
The minimum amount of child support permitted by law is $25 per month per child. There is no getting around this.
Reasons to Deviate from the Child Support Standards Act Child Support Guidelines
If you choose to deviate, you must provide a reason to the court for the deviation. Reasons for deviation may be:
- The financial resources of the parents and the child.
- The physical and emotional health of the child and his/her special needs and aptitudes.
- The standard of living the child would have enjoyed if the marriage or household was not dissolved.
- The tax consequences to the parents.
- The non-monetary contributions the parents will make toward the care and well-being of the child.
- The educational needs of the parents.
- The fact that the gross income of one parent is substantially less than the gross income of the other parent.
- The needs of the other children of the non-custodial parent for whom the non-custodial parent is providing support, but only (a) if Line 23 is not deducted; (b) after considering the financial resources of any other person obligated to support the other children; and (c) if the resources available to support the other children are less then the resources available to support the children involved in this matter.
- If a child is not on public assistance, the amount of extraordinary costs of visitation (such as out-of-state travel) or extended visits (other than the usual two to four week summer visits), but only if the custodial parent’s expenses are substantially reduced by the visitation involved.
- Any other factor the court decides is relevant.
The Court Rejected My Uncontested Divorce Paperwork
Many clients come to us after their papers have been rejected by the court. Many times, their papers are rejected because they failed to handle child support properly.
They either failed to cite the Child Support Guidelines entirely, the reason for any deviation, or simply made incorrect child support calculations.
Our law office handles many child support calculations as part of New York divorces and separation agreements.
If your divorce or separation involves children, please feel free to contact our law office for a free consultation by calling (866) 830-2064.