What to Know About Grandparents’ Rights in New York
It is the parents’ obligation to support their children until the age of emancipation; sometimes beyond. In New York, parents must support their children until the age of 21. Divorcing parents must address child support unless they have come to a just and fair agreement outside of court that mitigates the impact of the split on the life of the child. If a couple cannot come to terms, a family law judge may establish a support structure that is fair to the family and meets the best interests of the child. For most cases, New York courts will follow the New York State Child Support Guidelines to come to a decision. These guidelines employ the Child Support Standards Act’s calculations and assess a multitude of other factors related to the needs of the child and the circumstances of the family. If you face a contested divorce based on the unresolved issue of child support, our firm is here to help. The Law Offices of Susan A. Kassel, P.C. has over 30 years of experience fighting for our clients. Through divorce matters, it is important to have quality legal support on your side. Our firm understands that the stakes are high and we will work tirelessly to help you through these tough times. For a free consultation, contact a child support attorney from The Law Offices of Susan A. Kassel, P.C.
New York takes into consideration many factors that lead a judge toward a final decision on the matter of child support. To make the most equitable decision, courts follow the calculations of the New York State Child Support Standards Act as a base amount. The goal is to continue the standard the child is accustomed to. Taking a percentage of the combined income and distributing it amount the parties in proportion to individual income up to $80,000, the Act will calculate a fair amount. The greater the number of children, the greater the percentage.
According to the guidelines, there are many other significant factors that courts will assess to determine a fair child support order. Possibly the most significant factor for child support is the decision of child custody. Whichever parent wins physical custody will spend more money on the care of the child. Accordingly, the non-custodial parent may be obligated to pay more child support to offset the cost of the child custody arrangement, mitigating the impact of the divorce on the family. Other factors that are significant include earning capacity, income, debts and assets, education, tax implications, financial resources, age, health, and the academic and social life of the child.
Many parents wonder how long child support lasts when they are issued this obligation by the court. Child support is presumed to end at the age of 21, though there are some major exceptions. When a child is deemed “emancipated” or financially independent, the parents no longer need to support them. If a parent can prove that a child over the age of 18 is “emancipated”, the court may rule in favor of terminating the support obligation. Other times, a child may need support past college.
Child support is a significant matter for divorcing couples. It is important that you have an experienced law firm on your side. The Law Offices of Susan A. Kassel, P.C. has over 30 years of experience helping individuals through tough, emotional matters. Whether you are the primary caregiver or non-custodial parent, it is important that you protect your rights. When experience matters, our firm is here to help. Contact our firm for a consultation today.
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