As a divorce attorney/mediator for over 35 years, I, and my litigation partner have successfully guided many spouses through the maze of obtaining child support.
Making sure a child is protected and supported financially is an important part of the divorce process. If you need help getting child support, we can help you!
1. What is Child Support?
Child support is financial support provided by the noncustodial parent. It includes cash payments based on the parent's income and the needs of the child, health insurance, payments for child care, and reasonable health care costs not covered by health insurance.
Under New York law, parents are responsible for supporting their children until the child is 21 years old. The state has a child support program which can collect and distribute child support payments and enforce orders when payments are not made. A parent, guardian, caretaker of a child, or child who needs support can apply for these services.
2. Child Support Guidelines
The court uses a guideline to calculate what the noncustodial parent will pay, based on the parents’ joint adjusted gross income and on the number of children involved, after making deductions such as Medicare, Social Security and New York City tax.
Then the adjusted gross income is multiplied by the standard guideline percentage for the number of children as follows:
• 17% for one child
• 25% for two children
• 29% for three children
• 31% for four children
• at least 35% for five or more children
Then childcare and extracurricular expenses is added to the total.
This formula is applied to the first $154,000 of joint parental income. For combined parental income over this amount, the court may consider either the standard guideline amount and/or other factors in determining the child support obligation.
3. Who Pays Child Support?
All parents have a legal responsibility to support their dependent children to the extent that they can. A parent with custody usually has most of the day-to-day expenses of child-raising, and may be entitled to receive child support from the other parent. This entitlement to child support continues even if the custodial parent remarries or starts to live with someone else.
4. When Does Child Support End?
Dependent children are entitled to child support.
A dependent child is any child under the age of 21, unless:
• the child has married, or
• the child is 16 years of age or over and has voluntarily withdrawn from parental control.
Child support might also continue after a child turns 21 years of age if the child is unable to be self-supporting because he or she:
• has a disability or illness, or
• is still going to school full-time.
5. When to Apply for Child Support?
If children are living with a parent after their parents have separated, the parent can apply for child support. This usually happens after a separation that leads to divorce. I often suggest filing for child support and custody at the same time. It is important to address these issues as soon as possible.
A parent can apply for custody and support even while living separately under the same roof after their relationship with the other parent is over.
But usually the court will not make any order for custody and support until one parent has actually moved out.
If you have questions about child support, call me. I will be happy to discuss the child support guidelines with you.
As a medically-trained divorce attorney and mediator, I, along with my litigation partner and team of experts, have been skillfully helping divorcing couples and their families for over 35 years.
Our unique combination of legal strategy and psychological insight is very effective when it comes to helping families to obtain child support and successfully navigate the divorce process.
All our free consultations are discreetly and conveniently conducted virtually to continue to reduce risk.
We look forward to helping you and your child obtain the child support you are entitled to!
Stay healthy and safe!
Warm regards,
Lois
New York Divorce Attorney Lois Brenner and her litigation partner are child support specialists!! Take advantage of a free consultation right now to learn more!
Please call to schedule your FREE consultation today!
Call 212.734.1551