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When parents separate or divorce, one of the most pressing concerns is how to ensure their children are financially supported. In New York, child support is designed to help cover the basic needs of a child, including housing, food, clothing, education, and healthcare. But understanding how child support is calculated can feel overwhelming. At Vasiliou Law in Queens, NY, we believe in helping families navigate this process with clarity and confidence.
Here’s a straightforward guide to how child support is determined in New York, so you can better understand what to expect.
Child support in New York is governed by the Child Support Standards Act (CSSA). The goal is to ensure that children maintain the same standard of living they would have had if their parents were together. This means both parents are responsible for contributing financially to the child’s upbringing, even if the child primarily resides with one parent.
In most cases, the non-custodial parent—the parent who spends less time with the child—will be required to pay child support to the custodial parent, who has primary physical custody.
New York uses a formula to calculate child support, based on the combined income of both parents and the number of children. The process works like this:
1. Combine Both Parents’ Incomes
Add up the gross income of both parents, including wages, salaries, bonuses, self-employment income, and other earnings. Certain deductions are allowed, such as taxes, union dues, and child or spousal support payments for other children or spouses.
2. Apply the Child Support Percentage
The CSSA assigns a percentage of the combined parental income to child support, based on the number of children:
3. Determine the Non-Custodial Parent’s Share
The non-custodial parent is responsible for their proportionate share of the child support amount, based on their income. For example, if the non-custodial parent earns 60% of the combined income, they would pay 60% of the total child support obligation.
As of 2024, New York applies the formula to the first $163,000 of combined parental income. For income above that cap, courts have discretion to decide whether to apply the same formula or take other factors into account, such as the child’s standard of living and the parents’ financial circumstances.
Child support is meant to cover the child’s basic needs, including:
In addition to basic support, parents may be required to share costs for:
Yes. If there is a significant change in circumstances—such as a job loss, a substantial increase in income, or a change in the child’s needs—either parent can request a modification of the child support order. However, changes must be approved by the court.
If a non-custodial parent fails to pay child support, New York has strict enforcement measures, including wage garnishment, interception of tax refunds, suspension of driver’s or professional licenses, and even jail time in extreme cases.
Understanding how child support is calculated can be confusing, especially when emotions are running high. At Vasiliou Law, we’re here to help parents in Queens and across New York navigate the process with clarity and compassion. Whether you’re seeking to establish child support, modify an existing order, or enforce payments, we’ll work with you to protect your child’s best interests.
If you have questions about child support or need assistance with a family law matter, contact us today at 347-967-6141 or visit svlawpartners.com to schedule a consultation.
Your child’s well-being is our priority, and we’re here to help you every step of the way.
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