If you’re undergoing a divorce and share children with your former spouse, your relationship with your co-parent doesn’t end there. Child support is a crucial aspect of any divorce involving children. Parents retain the responsibility to support their children until the age of emancipation. That said, knowing how New York courts calculate child support payments is crucial. Many parents are unaware that the number of children they have, even those from previous relationships, can impact the amount they’re obligated to pay in child support. Please continue reading to learn how child support is affected when a parent has multiple children and how a determined Suffolk County Child Support Attorney can help you through these challenging times.
How is Child Support Affected When a Parent Has Multiple Children?
Like many other states, New York acknowledges that it’s the parent’s obligation to support their children until the age of emancipation and even sometimes beyond that. In New York, parents are obligated to support their children until the age of 21. When parents divorce, they must address the issue of child support. If they cannot come to mutual terms, the court will establish a fair support structure that meets the child’s best interests. In most cases, New York courts follow the New York State Child Support Guidelines to make a final decision. These guidelines employ the New York State Child Support Standards Act as a base amount. Essentially, these guidelines ensure children can continue to benefit from the standards they were accustomed to when their parents were still together. The statutory formula is the parent’s combined income and a percentage based on the number of children in the family. The basic support payment is a fixed percentage. Essentially, the greater the number of children, the greater the percentage:
- 1 child = 17%
- 2 children = 25%
- 3 children = 29%
- 4 children = 31%
- 5 or more children = 35%
Nevertheless, child support is not based solely on this formula. The court will also consider several other factors to determine a fair child support order. Child custody is one of the most significant factors that impact the court’s decision. Depending on which parent is awarded physical custody, they will incur more child-care expenses as the child primarily lives with them. As such, the court will offset those costs by obligating the non-custodial parent to pay more child support. They will also consider the following factors when determining child support decisions:
- The age and health of the children
- Whether any of your children have any special needs
- Each party’s education and earning capacity
- Your children’s education
- The overall costs of raising your children
- Whether you or your former spouse have any financial obligations or debts
- The tax consequences
- Any other relevant factors
As you can see, numerous factors can influence the court’s decision on a fair child support order. If you’re a parent with multiple children facing a divorce, please don’t hesitate to contact a skilled attorney from The Law Offices of Susan A. Kassel, P.C., who can help you understand your child support obligation.
