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How is Child Support determined in New York?

Posted by attorney David Bliven

In New York, child support is determined by statutory guidelines. The non-custodial parent will pay 17% of his/her adjusted gross income for 1 child, 25% for 2 children, 29% for 3 children, 32% for 4 children and 35% for 5 or more children. There are very few exceptions to these statutory guildlines.

Common ones are whether th parent's combined income exceed a "statutory cap" (as of 2012 it was $136,000), or whether there are etraordinary expenses of 1 parent or the other.

There are also some other factors the court considers: day care expenses, medical/dental insurance costs and educational expenses - if the custodial parent incurs these expenses and they are unreimbursed, the non-custodial parent may be obligated to pay a portion of these expenses in addition to payment of the "basic child support" as explained above.

Additionally, in 2010, New York law amended its child support guidelines to include an automatic modification of child support once every three years. This means that if your child support order is up for a review, you may simply file a petition at the 3-year mark & have the Court re-calculate support based on current incomes. Moreover, if you or your child's parent has undergone a substantial change in circumstances, warranting a modification, the court can also assess your situation to determine if a modification is necessary.

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