Any New York Child Support Lawyer can tell you that some of the most contentious battles in both Family Court and in any Divorce proceeding surround child support. To a large extent, these battles can be more involved than either Child Custody or Visitation.
The standard payment guide for child support in New York for the non-custodial parent is as follows: The non-custodial parent’s income as long as the combined income of both parents doesn’t’ exceed $80,000.00 is multiplied by the appropriate percent below. There are certain deductions for social security etc. But this should give you a general guideline. These percentages are:
Remember this is a standard guideline and there are many other considerations before a final child support order is entered.
The non custodial parent may also be responsible for their share of medical, educational, and daycare expenses. These expenses are added to the basic child support obligation.
When the collective income of the parties reaches $80,000 (eighty thousand dollars), the Family Court has discretion to cap the child support at that level and determine whether it will exceed the $80,000 threshold and have a Casano Hearing. There are many factors the court can consider including the standard of living the child had when the parents were together, the needs of non party children, expenses incurred in visitation, disparity in income of the parents, and any other relevant factors and issues the court deems worthy.
When the court determines the gross amount of income it will consider for child support purposes, it then will allocate the child support obligation on a percentage basis. For example, the father and the mother of one child each earn 100k, so the total income of the parties is 200k and the pro rata share for each is 50% of the final amount. The court decides the income should be capped at 150k, therefore the non custodial parent would be responsible for child support of 17% on 75K (less social security). Moreover the pro rata share of 50% is how the medical and daycare expenses are divided and those expenses are additional to the basic child support payment.
Each New York Child Support Lawyer in our office is regularly asked: “How can I get more (increase) child support?” or “How can I lower (decrease) my child support payments?” The lawyer is at the same starting point for each: Legally, there has to be a significant change in circumstance. A change in circumstance can call for an increase or an upward modification, which can be defended as the child has greater needs, a parent got a big raise, there are tutor expenses, a change in day care. Thus the court will look at the financial disclosure of both parents and it will deem an increase is warranted if there has been a change that necessitates more child support.
Downward modification (a decrease), as stated above, also needs to prove a change in circumstance. It has been held that the loss of a job (through no fault of the parent) is grounds for a downward modification, as well as loss of overtime, and increased medical bills of a parent. These are just a few of the reasons to lower a child support judgment.
One of the common questions received by each New York Child Support Lawyer in our office is “can I get a reduction in arrears through the court?” The answer is no. The only reduction in arrears can be given by the party owed the money. The judge does not reduce arrears. This is difficult especially if Child Support enforcement has suspended a license or passport. Unfortunately, despite your financial hardship, the only way to overcome reinstatement of a license is payment of the arrears. However, there are legal methods to have termination of child support order be filed, i.e. by reason of emancipation.
Each New York Family Lawyer at Stephen Bilkis & Associates, PLLC is experienced and knowledgeable in both Family Court matters as well as Divorce Cases. Whether it’s Divorce, Child Support, Child Custody, Visitation issues, Paternity issues, Order of Protection issues, or Abuse & Neglect we will fight for your rights. We offer you a free consultation so you can discuss your family matter with a New York Family Lawyer from our office. Regardless of where you are in New York City or Long Island we have availability to meet you at one of our convenient locations. We can meet you in Manhattan (New York County), Brooklyn (Kings County), Queens, also in the Bronx, in the east in Suffolk County, on Staten Island (Richmond County), Nassau County, or Westchester County. So call us at 800.696.9529 and take advantage of our offer of a free consultation.