Determining child support is crucial, whether in the context of divorce, legal separation, or a modification to an existing order. An experienced Long Island child support lawyer from the Law Offices of Jay D. Raxenberg P.C. is here to assess the circumstances of your case, and, from there, effectively represent you and your child’s interests. Contact us today for a free initial consultation.
Calculating Child Support in New York
Child support is determined based on a calculation outlined by the Child Support Standards Act (CSSA) Guidelines. The process involves:
- Calculating the combined income of both parents, excluding FICA and state taxes.
- Applying a set percentage of this income based on the number of children:
- 17% for one child
- 25% for two children
- 29% for three children
- Dividing the calculated amount proportionately between the parents’ incomes.
- Distributing the final amount over 12 months or 52 weeks, depending on the payment arrangement.
What Does Child Support Cover in New York?
Child support is designed to ensure that a child’s basic and essential needs are met. In New York, child support payments go beyond just covering food and clothing; they encompass a broad range of expenses that contribute to a child’s overall well-being. Specifically, child support may be allocated for:
- Food and Nutrition: This includes groceries for home meals as well as school lunches. Proper nutrition is vital for a child’s growth, and child support ensures that healthy and sufficient meals are consistently available.
- Housing and Shelter: Contributions toward rent or mortgage payments, utilities, and household maintenance are covered to provide the child with a safe and stable living environment.
- Clothing: Regular child support payments help cover clothing essentials, from everyday wear to seasonal attire and school uniforms. This ensures that children are dressed appropriately and comfortably for various occasions and weather conditions.
- Healthcare and Medical Needs: Child support often encompasses expenses for medical and dental care, including routine checkups, emergency care, prescription medications, and sometimes health insurance premiums. Uninsured or extraordinary medical expenses may be addressed separately if stipulated in the child support agreement or court order.
- Education: In addition to basic educational needs, such as school supplies, child support can also cover fees for extracurricular activities, tutoring, field trips, and other school-related expenses. If a child attends private school, the court may consider those costs as well, depending on the circumstances.
- Childcare: If the custodial parent works or attends school, child support may cover daycare or babysitting costs to ensure the child receives proper supervision in a safe environment.
- Transportation and Travel: This includes expenses related to commuting, such as bus fare or car maintenance, as well as transportation for extracurricular activities. In some cases, child support may also cover travel expenses associated with visitation between the non-custodial parent and the child.
- Recreational and Extracurricular Activities: Beyond the basics, child support can fund recreational and cultural activities that enrich the child’s life, such as sports, music lessons, dance classes, or summer camps. These activities are important for the child’s development and socialization.
It’s crucial to understand that every child’s needs are unique, and the court may adjust child support requirements based on specific circumstances. Additionally, if the non-custodial parent fails to make timely payments or stops payments altogether, the Support Collection Unit (SCU) in New York can assist in enforcement. The SCU can take actions such as filing a violation petition, seizing assets, or garnishing wages to ensure compliance and financial support for the child.
When Does Child Support End in New York State?
In New York State, child support obligations typically end when the child reaches the age of 21. However, there are exceptions and specific conditions under which support may terminate earlier or extend beyond the age of 21:
- Emancipation: If a child becomes emancipated before turning 21, the obligation to pay child support may end. Emancipation can occur if the child gets married, joins the military, or becomes financially self-sufficient and no longer lives under parental supervision. It’s important to note that mere part-time work or attending college does not usually qualify as emancipation.
- Higher Education and Parental Agreements: Although New York law does not automatically require parents to pay for college expenses, family court or divorce settlements can include provisions that extend support to cover higher education costs. Some agreements specify continued support if the child is attending college full-time, with both parents contributing to tuition and related expenses.
- Medical Needs and Disabilities: If a child has a significant physical or mental disability, support may extend beyond the age of 21. In these cases, the court may order continued support to assist with the child’s ongoing care and needs. The specifics will depend on the nature of the disability and the child’s requirements.
- Early Termination of Support: If a child drops out of school at age 18 and does not pursue further education or training, the court may consider terminating support. However, these decisions are case-specific and take into account the best interests of the child.
If you’re looking to terminate child support early, you should speak with a lawyer who can determine whether you have a valid case.
Enforcing Support Payments in New York
Depending on the case, the court could hold the parent accountable for payments in the past they did not make or place the parent in a work program so that they can pay. Some ways to fix the problem if your ex-spouse is not paying child support include:
- Contempt of Court Action: Punishable by 180 days in jail if an ex-spouse does not pay child support when they have the financial means to do so
- Wage Order Assignment: Holding wages to pay child support
- Tax intercept: Taking tax refunds for child support payments
- License suspension: Suspending driver’s or business licenses until payments are received
- Seizing property: Taking the ex-spouse’s property until payments are made
Refusal to pay child support is not tolerated in New York. If you are unable to make payments, seek a modification before you choose not to pay child support. If you are dealing with an ex-spouse who is not providing for your child, take action and hire a seasoned child support lawyer to help you resolve the problem.
If there is a need for the child support payments to be modified, the Child Support Enforcement Unit can petition the court to change the original order. This is usually the result of a change in the situation of the parents.
Contact a Skilled Nassau County Family Lawyer
Whether seeking child support as a custodial parent, navigating a divorce to establish a child support agreement, questioning potential obligations as a non-custodial parent, or needing to modify an existing child support arrangement, skilled legal guidance is crucial. A knowledgeable Long Island divorce lawyer can positively influence the outcome of your child support case, working to achieve an arrangement that serves the best interests of both you and your children. Contact the Law Offices of Jay D. Raxenberg P.C. today so we can get started.