New York parents are obligated to support their children until the age of emancipation. In New York, parents are obligated to support their children until the age of 21, unless they are married, in the military, finished 4 years of college, working full time over the age of 18, or left home and cut off the relationship with the parents. If you are divorced or getting divorced, you may be wondering how the state decides on child support.
There are a number of provisions regarding child support that ensure the child will be cared for in the same manner as if the parents were still together. The New York State Child Support Standards Act requires the noncustodial parent to make child support payments to the custodial parent to maintain the standard of living established during the marriage. One question posed to our firm quite regularly is how much will be paid.
Child support in New York is calculated based upon the combined income of both parents and the number of children that the parents have together. If the parents have a single child together, the noncustodial parent will be obligated to pay 17-percent of the parents’ combined income. For two, the percentage increases to 25. Three children pay 29-percent; for four children, 31-percent; and for five or more children, at least 35-percent.
The court considers other factors as well. These can include earning capacity and current income, debts, special needs of the child, and more. It is important that the parent with a child support obligation makes these payments on time and in full to avoid an enforcement order or being found in contempt of court.
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.