Legal conflicts involving family relationships can be complex and emotionally charged, especially when children are involved. If you’re in a legal battle involving child support in New York, New York, you need an attorney you can trust. R. Stepanian Law Firm will help you successfully resolve your child support case, and will work hard to provide the personalized, attentive service you deserve.
How is child support calculated?
Generally, the non-custodial parent will pay child support to the custodial parent. In the interest of fairness, the Court will use a standard formula to calculate what a person should pay. The amount paid is based on how much the parties earn in a year and on the number of children involved.
The court first determines your gross income.
|Income from tax return|
|Net Investment Income = Income – Expenses|
|Voluntarily deferred income|
|Worker’s Compensation Benefits|
|Unemployment insurance benefits|
|Social Security Benefits|
|Pensions and retirement benefits|
|Fellowships & Stipends|
|Discretionary Imputed Income: Non-income producing assets; Meals, lodging, memberships, automobiles; Fringe Benefits; Money, goods or services provided by others.|
|Mandatory Imputed Income: Imputed earing capacity; Excess depreciation deductions; Excess travel and entertainment deduction.|
|Non-recurring payments: discretionary, eg: life insurance policy, discharging debt; recovering bad debts; gift & inheritances; lottery winnings.|
Then, the Court will deduct certain items from the gross income.
|Deductions from Gross Income|
|Unreimbursed employee business expenses|
|Alimony to non-party spouse|
|Alimony to party spouse if the agreement or order provides for this deduction|
|Child support for child not subject in this action|
|Supplemental security income|
|NYC or Yonkers income taxes|
|FICA – social security tax + Medicare tax|
Upon subtracting the above deductions from the gross income, the Court will multiply the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:
|Child Support Calculation|
|Wages||$ 83,815.57||$ 24,637.44|
|Alimony||$ –||$ 16,468.74|
|Total Income||$ 83,815.57||$ 41,106.18|
|FICA||$ 6,494.57||$ 1,884.76|
|NYC Tax||$ 2,860.33||$ 560.13|
|Alimony||$ 16,468.74||$ –|
|Total Deductions||$ 25,823.64||$ 2,444.89|
|Net Income||$ 57,991.93||$ 38,661.29|
|Combined Income||$ 96,653.22|
|One Child||17%||$ 16,431.05|
|Two Children||25%||$ 24,163.31|
|Three Children||29%||$ 28,029.43|
|Four Children||31%||$ 29,962.50|
|Five Children||35%||$ 33,828.63|
|Payer Portion||= $57,991.93 / $96,653.22||60.00%|
|Payee Portion||= $38,661.29 / $96,653.22||40.00%|
|One Child||$ 9,858.63|
|Two Children||$ 14,497.98|
|Three Children||$ 16,817.66|
|Four Children||$ 17,977.50|
|Five Children||$ 20,297.18|
The Court will order child support as provided above, unless it finds that the payments would be unjust. In considering whether payments are just, the Court will evaluate the following:
|a. Parties financial resources;|
|b. Child’s special needs and abilities either physical or emotional|
|c. Child’s standard of living during the marriage;|
|d. Tax consequences to the parties;|
|e. Parties’ non-monetary contributions;|
|f. Either party’s educational needs;|
|g. Income disparity among parties;|
|h. Non-custodial parent’s child support obligations for children not subject to the instant action;|
|i. If child is not on public assistance, extraordinary expenses incurred by non-custodial parent to exercising visitation; and|
|j. Any other relevant factors.|
Additional Support Payments
In addition to support payments, the Court may also order “add-on” payments for your child’s childcare costs, uninsured medical expenses, and education expenses. If health insurance is available for your child through your employer, you will also have to get health insurance coverage for your child, as long as the health insurance coverage is available at a reasonable cost and is accessible to your child.
Then your share of child care, medical, and educational expenses are added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.
Child-related legal matters can be devastating. That’s why R. Stepanian Law Firm does everything possible to bring about a positive resolution to your child support case while minimizing stress and hassle. R. Stepanian Law Firm pledges to handle your case with the utmost professionalism and compassion while working to protect your best interests.
The Firm’s philosophy is that clients come first. If you’re involved in a child support conflict, R. Stepanian Law Firm is here to help. Call today to schedule a consultation.