CHILD SUPPORT

Child support is governed by statute in New York State. The amount of child support that one parent pays to the other is determined by a formula that applies specific percentages based on the number of children to the payor's income. The following is a very over-simplified example. Your case will likely encompass other considerations which you will need to discuss with a lawyer.

If the person paying child support makes $30,000, first subtract FICA (approx.$2,300) = $27,700. Multiply that figure times the percentage which represents the number of children to be supported: 17% for one child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children. So if there are two children in our example: .25 X 27,700 = $6,925/12 = $577 = the amount of support that the non-custodial parent would pay to the custodial parent every month.

Both parents contribute pro rata (in proportion to their respective incomes) to the cost of keeping the children on employer-provided health insurance policies, unreimbursed medical expenses, and employment related child care.

It is possible to deviate from the guidelines in certain situations, such as a 50/50 time share parenting plan. Child support is not taxable income to the recipient and it is not deductible by the payor.


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Westlake Law Firm
Marilyn A. Westlake, Attorney At Law
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