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NYC Child Support Law

NYC Child Support Law

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.

Gross Income
Income from tax return
Net Investment Income = Income – Expenses
Voluntarily deferred income
Worker’s Compensation Benefits
Disability benefits
Unemployment insurance benefits
Social Security Benefits
Veterans 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
Public assistance
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:

One Child 17%
Two Children 25%
Three Children 29%
Four Children 31%
Five Children 35%

 


An Example:

Child Support Calculation
Income Husband Wife
Wages  $         83,815.57  $      24,637.44
Alimony  $                     –  $      16,468.74
Total Income  $         83,815.57  $      41,106.18
Deductions
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%
Payer’s Obligation Annual
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.

Compassionate Representation

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.

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