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WHO PAYS CHILD SUPPORT? HOW MUCH IS IT IN GENERAL? Child support is paid to the parent who lives with the children by the parent who does not live with the children.
Child support is usually based primarily upon the most recent filed tax return (although courts will base it on actual income if the return has been falsified.) Courts also will look back several years in some instances.
Child support is based upon gross, not net, income, which comes as a surprise to some individuals. The amount of child support is determined by the New York statutes, which give specific guidelines. Indeed, a separation agreement must recite the child support that would have been due under the Child Support Standards Act to be valid in New York. (One more reason not to “do-it-yourself.”) Couples can modify child support by agreement to some degree, but Courts keep a close eye on the welfare of children.
DO THE COURTS BASE CHILD SUPPORT ON THE NUMBER OF CHILDREN THE COUPLE HAS? In general, the amount of child support is determined by calculating a parent’s gross income, after subtracting FICA, by a percentage rate that corresponds to the number of children the couple had. If the couple had one child, 17% is used. If the couple had two children 25% is used. If the couple had three children 29% is used and so forth. The noncustodial parent my also be required to pay a percentage of the child care expenses (for example babysitting or day-care costs) and uninsured health care expenses on a pro rata basis based upon their income as compared to their spouse’s income. The courts usually make sure the children are covered by health insurance.
(Child support determinations are complex. It is recommended that one use a divorce attorney before attempting to figure out how much child support one should pay. This is especially important when one considers that stating this figure wrongly in a separation agreement could invalidate the agreement. The above is not to be construed as legal advice.)
Carolyn Zenk, Attorney at Law, is a Certified Mediator, who has handled dozens of separation agreements and several litigated divorces. She prefers to mediate when possible because she believes it is usually in the client’s best interest. She practices in Hampton Bays, New York. You can call her for a free fifteen minute phone consultation at 631-723-2341.
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