Another important part of a legal process after a couple goes through a divorce is the issue of child support. While one parent may have physical custody of their child, the other parent is still required to financially support their child(ren). Child support is payments made by the non-custodial parent in order to continue to care for their child after the divorce. This is because childcare is too costly for just one parent to handle on their own. The payments that are made are to be used solely for child-related matters.
NYS Child Support Standards Act
There is not a “one size fits all” solution when determining child support for a family. In order to make the best decisions for families throughout the state, the courts follow the guidelines of the New York state Child Support Standards Act. These calculations consider a number of things that allows the court to come to a decision for a family. In order to maintain a standard that the child is accustomed to, the guidelines follow a percentage system. It takes a percentage of the parents’ combined income and distributing it in proportion to an income of $80,000. The act came to the following conclusion:
- One child – 17%
- Two children – 25%
- Three children – 29%
- Four children – 31%
- Five or more children – no less than 35%
Other factors that go into the decision of child support may be: which parent has physical custody, earning capacity, income, debts/assets, taxes, age, health, and more.
When Does Child Support Stop?
A parent is only required to pay child support until the child reaches a certain age. In most cases, the state of New York presumes child support to end when a child turns 21 years old. While this is true in most cases, there are some exceptions. These circumstances are subject to change depending on the family. When a child is deemed financially independent, parents are no longer required to support them. If a parent wishes to prove this, a court may rule to end support payments.
Child support payments may also continue if the child decides to seek higher education. In this case, a court may extend support payments until the child graduates from college.
If you or a family member is seeking representation for a child support case, contact The Law Offices of Susan A. Kassel, P.C. today.
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.