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How does a court calculate child support?

New York State courts use a number of criteria in determining fair child support payments, including:

Each parent’s net income, not including FICA, NYC or Yonkers income tax, spousal maintenance or support, and child support payments for other children.

The court adds each parent’s net income together and multiplies is by a percentage dependent upon the number of their children, as follows:

  • 17% for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • No less than 35% for five or more children

If the parent’s combined income is $136,000 or lower, this number is then divided based upon the proportion of each parent’s net income to the combined income of both parents.

If the parents’ combined income exceeds $136,000, the court can then decide whether to apply the same formula to the income above $136,000.

Spouses may also be required to pay for other child care, education and medical expenses for the children in addition to the basic child support obligation.

Find more information on Child Support here.

What is Child Support?

Child Support is money provided by a non-custodial parent to the custodial parent for children under the age of 21. In New York, Child Support payments are based upon a formula called the Child Support Standards Act (see How Does a Court Calculate Child Support below). Child Support payments can be awarded in Supreme Court during divorce proceedings or in Family Court as part of a Child Support proceeding (see the section on Family Court FAQs). More information on Child Support can be found on our blog.

How will a judge decide child custody?

New York State courts consider the best interests of the children when making any decisions regarding child custody and visitation. Judges may consider any and all of the following:

  • The child/children’s primary caretaker up until now
  • The home environment of each spouse/parent
  • The “fitness” of each parent to be a stable caregiver (home life, lifestyle, judgment, employment, mental health, physical health, etc.)
  • Current and length of residence of the child/children
  • Ability of the parent to provide the child with intellectual and emotional support
  • Proven ability to provide the other parent with access to the child. In other words, does the parent try to keep the other parent out of the child’s life.
  • The desires of the child
  • Separation from the child’s brothers and sisters, if any
  • Any patterns of child abuse by either parent
  • Any history of domestic violence issues

Questions About Child Custody and Visitation on Long Island?

To learn more about what you need to know about Child Custody on Long Island, visit this page on Child Custody or contact us at 631-923-1910 for a complimentary consultation.

What is the difference between Legal Custody and Physical Custody?

Legal Custody is the right to make significant life decisions for your child, including schooling, religious training, medical care, etc.

Physical Custody is where the child lives on a day to day basis. The parent with primary Physical Custody is often called the child’s Custodial Parent or Primary Caretaker.

Questions About Child Custody and Visitation on Long Island?

To learn more about what you need to know about Child Custody on Long Island, visit this page on Child Custody or contact us at 631-923-1910 for a complimentary consultation.

What is child custody?

Also referred to as Parenting, Child Custody is the parent’s legal right to direct and control their child’s upbringing. Each parent has the legal right to request Custody and Visitation of their child/children during divorce proceedings. The parent who is not awarded legal Custody may still be entitled to Child Visitation to enable them to spend time with their child.

Questions About Child Custody and Visitation on Long Island?

To learn more about what you need to know about Child Custody on Long Island, visit this page on Child Custody or contact us at 631-923-1910 for a complimentary consultation.