What to Know About Child Support in New York

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When it comes to a child support agreement, both sides may have questions. Each state has different laws regarding child support. Read on to learn more about some of the most commonly asked questions regarding child support in New York State.

How is Child Support Determined?

The Child Support Standards Act puts a uniform system in place to mitigate the impact your divorce will have on your child with financial assistance. The formula for calculating child support in New York 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%

In addition, the court may examine the following factors when making a decision regarding child support:

  • How many children are in your household
  • Whether you or your former spouse have hefty medical bills
  • Your gross yearly income
  • Your child’s age
  • Whether your child has any special needs
  • Whether your child is pursuing a higher education

Can I Modify my Child Support?

You may be able to increase or decrease the amount of child support, depending on the situation. But, in order to do so, you will have to the court that a significant change has occurred in your life that will impact your financial situation going forward. This may include:

  • An increase or decrease in income
  • A change in federal income tax law
  • Loss of job, or, on the flip side, a promotion
  • A spouse remarries
  • A spouse loses their home
  • The supporting parent has suffered a significant medical injury or condition

When Does Child Support End?

In New York, the age of emancipation is 21. This generally means that child support can end when your child turns 21. But, in some cases, child support can be extended, or terminated early. For example, child support may be extended if your child intends to pursue higher education.

If you have any additional questions or concerns regarding child support in New York, contact our firm to speak with an experienced family law attorney.

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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!

‐ Dave

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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