Calculating Fair Support
New York’s child support calculation guidelines are clear and firm. The formula sets out a flat percentage of income based on the number of children. You may be wondering why you would even need a lawyer.
You may need the advice and representation of an experienced family law attorney like Jeffrey DeRoberts in several scenarios. Contact our Syracuse law firm today if you are concerned about fair determination or enforcement of child support.
New York Child Support Guidelines
The state formula mandates the following levels of support from the non-custodial parent, based on the combined gross income: 17 percent for one child, 25 percent or two, 29 percent for three, 31 percent for four children.
When You Might Need an Attorney:
- For five or more children, the law calls for not less than 35 percent of combined income. The court will determine an appropriate amount based on 10 factors.
- The formula stops at $80,000. Child support from any combined income above that amount is negotiated or determined by a court.
- If the non-custodial parent is self-employed or paid in cash, he or she may not be reporting all income. Mr. DeRoberts uses forensic accountants or subpoenas of bank and tax records to determine accurate numbers for child support.
- Either parent can petition for modification of child support for a material change in circumstances (job loss, increased costs in caring for the child).
- If the other parent is not making scheduled child support payments, Mr. DeRoberts can pursue enforcement measures.
- The non-custodial parent may have to pay a share of (a) the child’s unreimbursed health care costs for the child, (b) private school or college costs, or (c) child care costs while the custodial parent pursues a degree toward employment.
- Support continues to age 21 or emancipation at any point after age 18. A parent can petition to end support by arguing that the child is self-supporting.
- Unwed mothers can petition for a paternity test to compel the biological father to pay child support.
Jeffrey DeRoberts has practiced family law for 16 years. He serves clients in Syracuse and across Central New York.
Family Law Attorney Since 1993
Call 315-479-6445, or send an e-mail for a free initial consultation.