Does the number of children I have affect child support payments?

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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.


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I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

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I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

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After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

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I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

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The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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