In New York, child support is calculated using the NY child support calculator formula. The New York government website offers an online calculator that can help you determine how much child support you will be responsible for. This formula factors in each parent’s proportion of total income as well as pre-determined ratios required to be dedicated to child support.
Regardless of any imposed guidelines on financial support, co-parenting during and after a divorce requires the parents to put the child’s best interests first. It is especially important to get the help of an experienced New York child support attorney who can provide attentive support and quality legal counsel on matters of child support and maintenance. At the law offices of Juan Luciano Divorce Lawyer, we take pride in providing passionate legal representation in cases of child support and family law. To learn more about how we can help you, call our office today at (212) 537-5859.
The New York Child Support Standards Act helps simplify the process of calculating child support. It uses an income shares model to calculate the share of the parents’ combined income a child would have received if the parents had remained married. It is important to remember that the CSSA income shares model uses the parents’ joint income and the amount of child support obligation varies depending on the number of children the parents share.
The court may deviate from the CSSA if the parents’ combined salaries exceed $183,000 (as of March 1, 2024). In this case, the court may decide to increase the value of a child support order as it deems appropriate.
If the parents decide to agree on child support payments that deviate from the amount determined by the CSSA, they will need to state the reasoning behind their decision not to use the calculation in a written agreement. They are also required to sign the document and acknowledge that they are making an informed decision to deviate from the formula.
However, if the court decides that the amount agreed upon by both parties is not enough to support the child’s needs, the court can override the parents’ agreement. Even if the custodial parent gives up their right to receive child support, New York courts can still impose a minimum amount of $25.00 per month.
The CSSA is a baseline calculator that serves to standardize the amount of support a child should receive. There are some cases where a child’s parents would come together and negotiate an amount that deviates from the guidelines in the interest of their child’s wellbeing. If you and your co-parent would like to come to such an agreement, getting the help of an experienced New York child support attorney can be beneficial.
Juan Luciano, a skilled Manhattan family law attorney, has provided quality legal counsel and representation to New York families in matters of child maintenance. We may be able to help you determine a child maintenance amount that takes into consideration the current and future potential needs of your child, based on our extensive experience. Call us today at (212) 537-5859 to schedule a consultation.
The CSSA considers all types of income by a parent when computing their child support obligation, not only wages and salaries earned from their employment. Additional sources of income such as the following also count towards parental income under the CSSA:
Public assistance is not considered income and will be removed from the total calculated parental income. As such, Supplemental Security Income is not considered part of parental income in New York.
Child support, also referred to as child maintenance, in New York is typically dependent on who holds custody of the child. In most cases, the court requires the noncustodial parent to pay child support to the custodial parent. This financial support is to be used for the child’s needs.
| Step | Description |
|---|---|
| Establish the Total Income of Both Parents | Determine the total combined income by adding together the gross income of both parents based on the tax returns of the most recent year of filing. |
| Subtract Relevant Deductions | Adjust the total combined gross income by subtracting applicable deductions such as alimony or child support paid to others, public assistance, supplemental security income, city income taxes, and FICA taxes. |
| Determine Percentage of Income for Child Support | Use New York State guidelines to set child support based on a percentage of the adjusted total income, scaled according to the number of children. |
| Establish Pro-Rata Share of Child Support | Calculate each parent’s portion of the support payments by assigning a pro-rata share based on their proportion of the total adjusted income. Higher earners will pay a higher proportion of child support. |
The first step is to determine the total combined income of both parents. This step is straightforward, and the courts simply add together the gross income of both parents based on the tax returns of the most recent year of filing.
Next, the courts will adjust the total combined gross income by subtracting all applicable deductions.
Some of the common items that are often deducted from total income are:
In New York State, the courts set out child support guidelines based on a percentage of the adjusted total income of both parents. This percentage is scaled up depending on the number of children who are in the family.
Once the total amount of child support is calculated from step 3, the next step is to determine each parent’s portion of the support payments. The courts will assign a pro-rata share of the total child support based on each parent’s proportion of the total adjusted income – typically paid on a per-month basis. This is done by dividing each parent’s contribution by the total adjusted income. Parents who are higher earners will therefore be responsible for a higher proportion of child support. Income can also play a part in determining the custodial and non-custodial parent.
If the payor parent is found to be voluntarily unemployed or is earning less than what they are capable of earning, the court can impute income based on their employment and wage history. If the parent does not have any prior employment history, the imputed income is calculated at the minimum wage.
The court imputes income to avoid cases where a parent intentionally quits a well-paying job to avoid paying child support. For example, if the noncustodial parent quits their job paying $60,000 a year as an engineer and takes a minimum wage job, the court can require them to pay child support as if they are still earning their previous salary as an engineer. This conscious choice of a parent to not maximize their earning capacity is considered by the court as acting in bad faith.
Any monetary gifts, benefits, and perks a noncustodial parent receives such as money from parents, relatives, or friends can also be used by the court to calculate their imputed income. Income can also be imputed from holding non-income assets, such as real estate that do not produce income but appreciate in value.
Additional factors the court can use to determine whether or not to impute income include:
The noncustodial parent is allowed to give their reasons for why they are unemployed or have a reduced income. The court will not impute income if the reason for the parent’s reduced earning capacity is outside their control such as an underlying medical condition, general economic conditions, or the conditions in the parent’s line of work, or being laid off as a result of company downsizing. Imputed income is unique to child support matters in New York and is not considered for spousal support cases.
Certain tax liabilities may also cause higher child support costs for the noncustodial parent. Phantom income refers to income that is not received but shows up on a person’s tax returns. If the court only refers to a parent’s tax returns to calculate child support, their child support obligation may be inflated and would not reflect their actual income-generating capacity.
The amount of child support obligation you will be required to pay is highly dependent on your income. If you feel that there is a chance that the court will impute income in your case, negotiating with your spouse regarding the amount of your parental child support may be beneficial. Having the help of an experienced New York child support attorney can be beneficial in representing your case before the family court and successfully defending against an imputed income.
Juan Luciano, a skilled Manhattan divorce and family law attorney, has helped represent the interests of many New Yorkers in obtaining an amicable resolution of their child support concerns. We may be able to assist you in presenting your case and protecting your rights against imputed income. Call us today at (212) 537-5859 to learn more about your legal options.
In the landscape of divorce and child custody, understanding the nuances of child support in the context of shared custody can be complex. Particularly challenging is the scenario where parents share custody equally, often referred to as 50/50 joint custody. In such cases, the determination of child support obligations takes on a unique form.
In New York State, the Child Support Standards Act (CSSA) is the guiding framework for calculating child support. The standard formula involves calculating the combined parental income and determining each parent’s proportional contribution based on their income. The percentages for child support allocations range from 17% for one child to 35% for five or more children.
However, the CSSA does not specifically delineate guidelines for 50/50 custody scenarios. This gap was addressed in the Baraby v. Baraby and Carlino v. Carlino cases, where the courts decided that in shared custody arrangements, the parent with the higher income is typically designated as the non-custodial parent for child support purposes. This parent is responsible for providing the support to the custodial parent, even though physical custody is evenly split.
What does this mean for parents in a 50/50 custody situation? The parent with a higher income should be prepared to pay child support. However, they may also be entitled to argue that their housing and living costs during their custody time reduce the expenses of the other parent. If proven, the court might find that applying the standard CSSA formula is unjust or inappropriate and may adjust the support amount accordingly.
This nuanced approach allows the courts to consider the actual costs incurred by both parents in raising their child. Parents in this situation should document how their time with the child reduces the other parent’s expenses, such as food, utilities, and transportation.
For parents in New York, especially in the first or second Judicial Departments, the precedents set by the Baraby and Carlino cases will likely influence child support determinations in shared custody scenarios. It is essential to recognize that each case is unique, and deviations from the CSSA guidelines are considered based on individual circumstances, potentially leading to a variance in court decisions.
Ultimately, the goal is to ensure fairness and to meet the child’s needs effectively, acknowledging the shared responsibilities and costs of parenting in a 50/50 custody arrangement. Legal advice from a knowledgeable child support attorney can be invaluable in navigating these complex waters.
Either parent can also apply for a Cost of Living Adjustment (COLA) for child support two years from the date the order is passed. A COLA can be approved if there is a 10% change in the Consumer Price Index for urban areas (CPI-U) as verified by the federal government. The change is compared against the CPI-U of the year of the most recent child support order.
The Child Support Program also automatically reviews child maintenance orders every two years. If the child maintenance case is temporary or a safety net assistance case, the COLA adjustment is automatically applied when the case becomes eligible.
The Child Support Program also assists both custodial and noncustodial parents who have experienced a drastic change in their living situation that can potentially affect the child support order such as changes in custody, loss of a job, or a significant medical concern.
Having the help of an experienced New York child support attorney may be beneficial in ensuring that your child support modification request is approved by the court. Our team of experienced attorneys at the law offices of Juan Luciano Divorce Lawyer may be able to examine your financial situation and help file a child support modification petition that supports your family’s best interests. Call us today at (212) 537-5859 to schedule a consultation and explore your available options.
Going through a divorce can both be an emotionally and financially difficult time. Juan Luciano, a Manhattan family law attorney, has dedicated his practice to helping families in New York navigate the complicated legal issues that often come with a divorce. Our team of New York child support attorneys at the law offices of Juan Luciano Divorce Lawyer aims to provide quality legal assistance that allows families to get a fresh start. We serve the areas of the Bronx, Manhattan, Brooklyn, Westchester, and Upper East Side, New York.
To learn more about how we can help you, and to schedule a consultation, call us today at (212) 537-5859.
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