What is the NYS Child Support Standards Act?
New York takes into consideration many factors that lead a judge towards 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.
- One child- 17%
- Two children- 25%
- Three children- 29%
- Four children- 31%
- Five or more children- no less than 35%
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.
The conclusion of child support
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.
Contact a Suffolk County child support attorney
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 25 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.