In any divorce that involves minor children, an important issue that must be addressed is child support. Many parents wonder whether child support is mandatory. Please continue reading to learn who is entitled to receive child support in New York and how a trusted Nassau County Child Support Lawyer can help you understand your support obligations.
Is Child Support Mandatory?
In New York, parents are legally obligated to support their children until the age of emancipation, and sometimes even beyond that through college or professional school. Essentially, a child is entitled to be supported by their parents until they reach the age of 21 years old. Child support is mandatory in New York as it covers general expenses as well as child care, health care, and other expenses related to the child’s upbringing. This means that regardless of the custody arrangement between the parties, waiving child support is not possible.
Generally, the court will order the non-custodial parent to pay the basic child support obligation to the custodial parent. The court recognizes that a child should not suffer financially because their parents are no longer together. Child support is designed to continue the standard the child has become accustomed to and is calculated by taking a percentage of the combined income of the parents. The New York State Child Support Standards Act stipulates the greater the number of children, the greater the percentage will be used to calculate a fair amount:
- 17% of the combined parental income for one child
- 25% of the combined parental income for two children
- 29% of the combined parental income for three children
- 31% of the combined parental income for four children
- No less than 35% of the combined parental income for five or more children
What Happens If You Don’t Pay?
If you have been ordered to pay child support in the state of New York, you must comply or you can face serious legal ramifications. Firstly, your state and federal tax refunds may be intercepted when child support payments are overdue. They will be used to pay off your arrears. In addition, the government can garnish your paycheck. The most serious penalty you can face is jail time. Incarceration is usually reserved for egregious cases in which other penalties have failed to deter the payor from complying with the court order.
As you can see, children are entitled to be supported by their parents until the age of emancipation. If you fail to pay child support, you will face significant consequences. If you are facing an issue pertaining to child support, please don’t hesitate to contact a determined Nassau County child support lawyer. At the Law Offices of Eyal Talassazan, we are prepared to help you understand your rights. Connect with us today to learn more about child support obligations in New York.
