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 parent’s 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. Additionally, they will take the following factors into account when determining 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
- Any other relevant factors
Will my ex still have to pay child support if I make more money?
As mentioned above, the court holds parents financially responsible for their child until 18 or 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 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.
If your ex-spouse is not complying with their child support obligation, please don’t hesitate to contact a qualified Nassau County child support lawyer from the Law Offices of Eyal Talassazan, P.C., who can help you through these challenging times.