In New York, as ordered by the court, child support is a legal obligation that the non-custodial parent must fulfill to provide financial support for their child’s basic needs. Parents are required to financially support their children until they reach the age of emancipation. This is unless an agreement has been reached to provide support for the child’s college or professional education. It’s imperative to note that a parent’s child support obligation is not discharged if the child was born out of wedlock. Many parents wonder whether their child support obligation is dismissed if their ex-spouse makes significantly more money. Please continue reading to learn how child support is determined in New York and how a trusted Nassau County Child Support Lawyer can help you today.
How Is Child Support Determined In New York?
In New York, the court uses various methods to determine child support. Firstly, they follow the calculations of the New York State Child Support Standards Act. This formula sets the introductory amount of child support at a fixed percentage of the parents’ combined income. These percentages are then used to ensure that children benefit from the same standard of living they would have if their parents were living together. They also consider who is granted physical custody of the child, as they will spend more on the child’s care.
Factors Courts Consider When Calculating Child Support
- The age and health of the child
- The needs of the child
- Each parent’s earning capacity
- Each parent’s assets and debts
- Each parent’s educational background
- The tax consequences of this financial support
- Extraordinary costs, like child care or special needs support
- Any other relevant factors the court deems appropriate
What Percentage of Income Is Used for Child Support in New York?
In accordance with the Child Support Standards Act (CSSA), courts in New York, including Nassau and Suffolk Counties, will utilize a statutory formula to determine the base amount of child support owed. This number is primarily dependent on the number of children shared between the two parents.
Child Support Percentage Guidelines
- 17% of the combined parental income for one child
- 25% for two children
- 29% for three children
- 31% for four children
- At least 35% for five or more children
Is Child Support Mandatory in New York?
In New York, child support is a mandatory legal obligation that cannot be waived. The courts require both to financially support a child until the age of emancipation, which is generally 21 years old in New York. Essentially, the courts will make the child support calculation on the basis that the child would receive financial support from both parents if they were still in a relationship.
Key Rules Regarding Child Support Obligations
- Child support is legally required
- A child born out of wedlock is still entitled to full financial support from both parents
- Both parents share financial responsibility, even if one parent makes substantially more
- Courts can require additional support throughout college or for special circumstances
Will My Ex Still Have to Pay Child Support if I Make More Money?
As mentioned above, the courts on Long Island and throughout New York hold parents financially responsible for their child until 21or if an arrangement has been made to support them through college or professional school. As such, many parents often wonder whether they can get out of this legal obligation if their ex-spouse makes more money. Unfortunately, to be the bearer of bad news, even if your spouse makes significantly more money than you, you will still be obligated to pay child support to provide for your child’s basic needs.
The court’s goal is to ensure the child benefits from the same standard of living that they would’ve had if their parents had stayed married. Therefore, the non-custodial parent is still obligated to pay if the custodial parent makes more money. This is primarily because the custodial parent will incur more costs as they will have physical custody of the child. Child support is meant to offset this unfair financial discrepancy.
When Higher Income Does Not Eliminate Child Support
- Non-custodial parents are generally required to make payments, regardless of income disparity
- Courts prioritize maintaining the child’s standard of living
- Higher-earning custodial parents do not eliminate support obligations
- Support is based on combined parental income, not individual income
What Happens if Child Support Is Not Paid?
In the event that a parent fails to comply with child support orders in Garden City, Hempstead, Bethpage, or any other community in or around Nassau County, there are serious legal consequences they may face.
Penalties for Failure to Pay Child Support
- Wage garnishment (income withholding)
- Suspension of a driver’s license or other professional licenses
- Interception of federal and state tax refunds
- Accumulation of arrears with interest
- Potential contempt of court charges or incarceration in serious cases
Contact an Experienced Nassau County Child Support Attorney
If your ex-spouse is not complying with their child support obligation, please don’t hesitate to work with a qualified Nassau County child support lawyer from the Law Offices of Eyal Talassazan, P.C., who can help you through these challenging times. Contact us today to learn how we can represent you.
