Parents who have physical custody of their children spend the most time with them. This involves providing the child with a home, food, clothing, education, and other necessities. Often, the non-custodial parent is required to pay child support in order to assist with the expenses. This is because both parents have a legal responsibility to provide for their children financially. If you are a non-custodial parent, you may have some questions about child support, how it is determined, and when payments can be terminated. Read on to learn more.
How is Child Support Determined in New York?
New York uses a system to determine child support payments. New York child support is based on a percentage of the combined income of each parent and the number of children that require financial support. If the combined parental income exceeds $143,000 the court will apply the following child support percentages:
- One child- 17%
- Two children- 25%
- Three children- 29%
- Four children- 31%
- Five or more children- at least 35%
Some other factors that may impact child support payments include:
- Whether you or your former spouse have hefty medical bills
- Your child’s age
- Whether your child has any special needs
- Whether your child is pursuing a higher education
Age of Emancipation
Child support payments can end when a child reaches the age of emancipation and is able to support themselves. In the state of New York, this age is generally 21 years old. That being said, child support payments can be extended past this age under certain circumstances. For example, child support may be extended if the child chooses to pursue higher education. On the other hand, a parent can also petition the court to end child support payments before the usual emancipation age. If they believe a child over the age of 18 is financially dependent and no longer needs assistance, they must prove so to the court in order to terminate their obligation to pay support. When the court approves of emancipation, child support payments may end. It is important to note that you cannot stop paying child support until it is approved by the court.
If you have any questions or concerns about terminating child support payments in New York, reach out to our firm today to speak with an experienced attorney.
CONTACT OUR FIRM
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.
