This article will answer questions most divorcing or separating couples ask about child support.
- Who pays child support?
The parent who has the child or children living with them more than half the time has primary residential custody. The primary residential custodial parent is entitled to receive child support from the other parent who is the non-custodial parent. Sometimes parents share the time with the children equally, so that neither parent has primary residential custody. In this scenario, the parent who has the higher income is deemed the non-custodial parent just for child support purposes and would typically pay child support to the other parent. Alternatively, the parents can mutually agree to a different arrangement such as splitting expenses for the children in some proportion in lieu of child support.
- What does child support cover?
Child support covers food, clothing and shelter and sometimes can also cover other incidental expenses, such as allowances, purchase of toys, computer games, etc.
- What expenses are not covered by child support?
Extracurricular activities, health insurance costs not covered by health insurance and educational costs are not covered by child support payments. These costs are considered add-ons and the non-custodial parent will pay a share of these costs in addition to child support. Often expenses not covered by child support are paid pro-rata to each parent’s income.
- How is child support calculated in New York?
Both parents contribute to the costs of supporting a child through child support. There is a three-step formula for calculating child support in New York. The first step is to determine each parent’s annual adjusted gross income under New York’s child support law. Adjusted gross income for child support is not the same as adjusted gross income for federal and state income tax purposes as there are different deductions that are allowed. The next step is to add both parents’ incomes and apply the income cap under the statute, which is currently $183,000 to the parent’s combined incomes. The combined income is multiplied by a percentage depending on the number of children. One child is 17%, two children are 25%, three children are 29%, four children are 31% and five or more children are 35%. From this amount the non-custodial parent pays his or her proportionate share of the combined parental income.
For example, the adjusted gross income of the custodial parent is $60,000 and the adjusted gross income of the non-custodial parent is $180,000. The combined income of both parents is $240,000. In this scenario the custodial parent has a pro rata share of 25% ($60,000 divided by $240,000) and the non-custodial parent has a pro rata share of 75% ($180,000 divided by $240,000). If there are 2 children, then $183,000 is the cap multiplied by 25% for two children=$45,750 total. The non-custodial parent pays his or her proportionate share of the parents’ combined incomes. $45,750 x .75%= $34,312.50.
- When do child support payments end?
Child support generally ends when the child is 21 years of age. It can end earlier if the child is 18 or older and is self-supporting, the child gets married or joins the military. If the child stops living primarily with the custodial parent and moves in with the other parent, the other parent is now the custodial parent entitled to child support.
- Can the parents agree to an amount of child support that differs from the basic child support obligation under the child support law?
As noted above, there is a formula that calculates child support under New York State law. However, the parents can negotiate a different amount if that will adequately pay for the expenses of the child covered by child support. Child support can either be lower or higher than the statutory amount. The mediation or the collaborative law process enables parents to negotiate the amount of child support that is appropriate depending on their particular circumstances.
- Can the amount of child support change over time?
Child support in New York under statutory guidelines can be recalculated every 3 years or if either the custodial or non-custodial parent’s salary increases or decreases by 15% or more or if there is an unintended change in economic circumstances. In mediation or the collaborative law process, we help parents to decide to if they wish to agree to recalculate sooner than 3 years, not to recalculate, or to increase child support based upon the Consumer Price Index or by some other agreed upon amount, for example.
- How do I make sure that child support will be paid each month?
The parents will sign an agreement that includes the amount of child support to be paid. Once signed by both parents, the agreement is a binding contract submitted to the court for approval. The custodial parent can also opt to be paid through child support enforcement services.
- What if the non-custodial parent loses their job and cannot pay the child support agreed to?
If the non-custodial parent loses his or her job and his or her financial circumstances substantially change, the parents can either come back to mediation or contact their collaborative lawyer if they used the collaborative law process, to either seek a reduction in child support payments or the cessation of child support payments for a period of time to allow the non-custodial parent to seek and obtain employment. A reduction in child support or a temporary stop in child support payments can also be ordered in Family Court.
- If the parents aren’t married, can child support still be sought?
Once it is established that the father is the biological father of the child, child support can be ordered through a Family Court proceeding. If a child lives primarily with the biological father, the father can seek child support from the mother.
To obtain more information about the mediation or collaborative process, please contact us at 516-749-5017 or visit our website at www.nydivorcemediate.com. We will be available to answer any additional questions or concerns you may have.
