In New York, it is important that children are financially supported by both parents. If you have questions about child support payments, do not hesitate to reach out to our experienced New York family law attorneys to discuss the specifics of your case and how we can best serve you and your family.
What is child support in New York?
There are two types of child custody in New York: physical custody and legal custody. A parent with physical custody of their child is typically referred to as the custodial parent. This parent has the child for most nights of the week. This indicates that the parent is primarily responsible for providing the child with a home, clothing, food, education, and other necessities. As a result, these expenses can often add up and become too much for one parent to handle on their own.
In New York, both parents have a legal responsibility to support their children financially. That is why the non-custodial parent owes support payments for relief. The goal of child support is to make sure that the child’s standard of living is the same or even better than it was before the divorce happened. These payments help even out the child’s cost of living so that it is not a financial burden on the custodial parent.
How is child support determined in New York?
In New York, a method is used to determine child support payments. New York child support is based on a percentage of the combined income of each parent and the number of children that require financial support. If the combined parental income exceeds $143,000 the court will apply the following child support percentages:
- One child- 17%
- Two children- 25%
- Three children- 29%
- Four children- 31%
- Five or more children- at least 35%
Additional factors that may impact child support payments include:
- Whether you or your former spouse have hefty medical bills
- Your child’s age
- Whether your child has any special needs
- Whether your child is pursuing a higher education
What is the age of emancipation in New York?
Child support payments are required throughout the child’s life and can end when they reach the age of emancipation, which is typically 21 years old. However, the payments do not always end at 21-years-old. In some cases, financial support may be extended past the age of 21. This can occur if the child decides to pursue higher education and will not be financially independent until they graduate.
In other instances, however, child support can end even before the age of emancipation. If a child is over the age of 18 and a parent believes that the child can support themselves, the parent may petition the court to end support payments. If the court allows this motion, child support payments can terminate. But, until a New York court declares that child support payments can end, the payments must proceed.
CONTACT OUR FIRM
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.
