Westlake Law Firm, P.C.

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. You can estimate the support payment by looking at the Child Support Standards Act Chart.

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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