Any couple that goes through a divorce has to deal with many issues, but those that have children usually go through even more acrimony when dealing with custody and support for their children. Child support is financial support provided by the noncustodial parent. Child support includes, cash payments (based on the parent’s income and the needs of the child), health insurance for the child, payments for child care, and payments for reasonable health care costs that are not covered by health insurance. Family Court determines the amount of child support the noncustodial parent will pay. Under New York State law, parents are responsible for supporting their child until the child is 21 years old.
There are guidelines in which the court uses to determine the amount of child support that is owed to the custodial parent, based on the noncustodial parent’s adjusted gross income and on the number of children involved. The court first determines the noncustodial parent’s gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:
17% for one child
25% for two children
29% for three children
31% for four children
at least 35% for five or more children.
Then the noncustodial parent’s share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.
For incomes over $130,000, the court determines whether or not to use the percentage guidelines and may consider other factors in setting the full child support payment.