Whether you’re going through a divorce or simply establishing custody and support for the first time, having our NYC child support lawyers on your side can help you arrive at a fair amount of child support. The purpose of child support is to provide for the needs of the children based on the resources of the parent. In New York, the non-custodial parent pays income to the custodial parent for minor children.
In NYC, the courts use income tables in order to determine child support awards. There are exceptions when a parent has a very high income or a very low income. The paying parent pays 17 percent of their gross income to the other parent if there is one child that’s a part of the child support order. If there are two children involved, the parent pays 25 percent of their gross income. There are additional amounts for more children. If there are five or more children involved, the paying parent must pay at least 35 percent of their income, and the court has discretion in order to determine exactly what the parent should pay.
According to the NYC child support formula, the child support amount depends on the gross income that a parent reports on their taxes. It should also include income that a parent should have reported on their taxes. If a parent is self-employed or if they earn tips, there may be some extra steps involved in determining the parent’s actual income. Generally, it’s the parent’s gross income that counts. In cases of self-employment, there may be some business expenses that should be deducted in order to fairly arrive at the amount that the parent should pay in support.
Our experienced NYC child support lawyers can help you determine what income should count in your child support case. You may be surprised to learn that bonuses, military allowances, social security benefits, disability benefits and voluntarily deferred pay can all count as income for determining what a parent should pay in child support. In cases where a parent is below income thresholds, the court may order an amount as low as $25 per month.
When the parents have joint custody, child support can be a topic of debate. In most NYC child support cases, both parents spend at least some of the time with the child. When a parent directly cares for the child, they need at least some financial resources to provide for the child’s needs in their care. The question becomes what child support awards are most appropriate when both parents provide at least some direct care for the children who are a part of the order.
NYC and New York is one of a minority of states that does not make a significant allowance for parents with joint custody. Even when a parent has equal or nearly equal parenting time, the court may still order the parent to pay the entire child support award to the other parent. The courts have discretion in joint custody cases to make allowances for the fact that the paying parent must directly provide for the needs of the child.
If you have a case where both parents spend at least some time with the children, it’s important to work with your NYC child support attorneys in order to determine the correct amount of child support. You need to tell the court what the court order for child support should be and why. You may need to present detailed evidence of the resources of both parents, the lifestyle that the children enjoyed prior to the case at hand and why it’s best for the court to order the amount of child support that you’re looking for.
A child support award is the judgment of the court at the time that it becomes due. If a paying parent doesn’t pay the amount of child support that’s ordered, they are in arrears and subject to the enforcement actions of the court. If you’re facing a situation where you aren’t able to pay the amount that’s due, you should work quickly in order to examine your options with an experienced NYC child support lawyer so that your situation doesn’t snowball into a serious situation where you can’t get caught up. If you’re owed child support that you don’t receive, our experienced child support attorneys in NYC can help you explore all of your options in order to collect the support that your children need. If you’re facing a child support matter, contact our NYC child support lawyers in order to begin working on your case.
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