Child Support NY

In New York, the liability of a parent for the financial support of their child is only limited to a child aging below 21 years old. Parents are not held liable for any support of a child aging above 21 if there is no direct or indirect contract. For visitation, custody and other specific purposes, the majority age is 18. For parental support and obligation purposes, the majority age is 21. The duties of both parents for the support of their child are never absolute. There can be a valid reason for the suspension or termination of parental financial support before a child reaches 21 like the child’s being economically independent through employment, entry to military services and marriage.

It is possible that a child becomes emancipated under some circumstances for a number of reasons like the child’s being proven guilty of any outrageous behavior specifically making it inequitable in enforcing the obligation of parental support or the child’s withdrawing from the supervision and control of his parents without any cause. How should the child support NY of parents be calculated? The CSSA or Child Support Standards Act states that the basic parental support obligations and the non- custodial parent’s share in proportion to the basic parental support obligations shall be calculated by the court. Unless it is found inappropriate or unjust by the court to collect share in proportion to the basic parental support obligations from a non- custodial parent after taking into account ten different factors, the court should require the non- custodial parent to give his/her basic parental support obligations proportional share.

The court should calculate the sum of the combined income of both parents and have it multiplied with the appropriate percentage of child support NY. The term income refers to the gross income that should have been or was presented on the most recently filed federal ITR or Income Tax Return. There can be some necessary deductions from the gross income of parents for income taxes in places like Yonkers and New York, and for security. There are provisions contained by Law for required deductions from income and required additions to income.

What is the appropriate percentage of support for a child in relation to the parents’ income? For one- child support, it must be 17 percent of the sum of income of parents; for two- child support, 25 percent of the sum of income of parents; for three- child support, 29 percent of the sum of income of parents; for four- child support, 31 percent of the sum of income of parents; and for five-(or more) child support, never below 35 percent of the sum of income of parents.

In the case of five or more children, the court shall decide what percentage of child support is appropriate and just on the part of both the parents and the children. In case the combined income of parents exceeds $80,000 annually, the amount of support for child from the combined income of parents in excess of the said amount ($80,000) should be determined after the court’s determination of the non-custodial parent’s pro share rata of the basic parental support obligations.

Can two ex- partners agree on amount of support for a child that varies from what the CSSA requires? The answer is yes. An ex- couple may do so but it should be done in a written waiver. Nonetheless, the amount of support for a child they both agree upon should be just and appropriate. They must keep in mind that even though they can modify the amount or percentage of child support, they still have obligations under the Child Support Standards Act. In order for the waiver to be validated, the provisions of the law should be complied with by the ex-partners.

 

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