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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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Marilyn A. Westlake, Attorney At Law
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