If you and your partner have recently split up, you likely have a lot of questions regarding child support and child custody. Read on to learn more about these arrangements for unmarried parents in New York.
Determining Paternity
In order to determine a custody arrangement, you must first establish paternity. There are two ways for unmarried parents to establish paternity in New York State:
- Signing a voluntary Acknowledgment of Paternity (AOP) form, available from hospitals, local district child support offices, and local birth registrars; or
- Filing a court petition to have the court determine paternity.
Determining Custody
It is important to determine custody in order to determine child support. Once paternity has been confirmed, your custody arrangement will be similar to that of divorced parents. A New York court will examine the following factors in order to make a decision about custody:
- If the parent will act in the child’s best interest
- If the parent can provide a stable home
- The relationship between the child and each parent
- Any history of domestic abuse or substance abuse
- The mental and physical health of the parent
- The work schedule and lifestyle of the parent
- The preference of the child if they are of sufficient age
How is Child Support Determined?
The Child Support Standards Act puts a uniform system in place to mitigate the impact your divorce will have on your child with financial assistance. The formula for calculating child support in New York 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%
In addition, the court may examine the following factors when making a decision regarding child support:
- How many children are in your household
- Whether you or your former spouse have hefty medical bills
- Your gross yearly income
- Your child’s age
- Whether your child has any special needs
- Whether your child is pursuing a higher education
If you have any questions or concerns regarding child support for unmarried parents, contact 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.
