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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. 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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Marilyn A. Westlake, Attorney At Law
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