When you have questions about child support amounts and obligations, your state's laws are a good place to start. New York's child support laws, like those of other states, contain the guidelines and formulas courts, parents and their lawyers use in figuring out child support.
An important change was added to New York's child support laws in 2010. The New York Child Support Modernization Act, which took effect January 31, 2010, changed the income range and formula used in figuring child support. The change means set rules apply when parents' incomes are up to $130,000. This number adjusts every two years, based on the Consumer Price Index.
Three-Step Method to Figure Support
New York follows a three-step method to determine child support. First, the court adds up parents' combined income. Second, the combined income is multiplied by a certain percentage based on the number of children. For example, the combined income is multiplied by 17 percent if there's one child. Third, the court decides how much each parent pays for child support, based on each one's share of income.
Courts consider other factors besides combined income in setting child support. These factors include:
- Child's health and special needs
- Child's standard of living had parents stayed married
- Tax consequences
- Parents non-monetary contributions to the child
- Parents' educational needs
- Differences in parents' incomes
- Parents' children from other relationships and their support needs
- Out-of-the-ordinary visitation expenses
- Any other factors the court sees as important
Judges and magistrates have discretion in deciding support, and how they use the factors and methods above. However, a judge must explain his or her decision on child support.
Why This Change Matters
This updated child support law gives greater guidance given the new combined income cap amount - $130,000. It's expected more parents will use the new law and seek to update child support due to the income limit change. One purpose for the new law is to ensure that children receive sufficient support.
The law also allows courts to apply the three-step method when parents' combined total incomes are more than the cap amount.
Child support issues can be a source of conflict or cooperation for parents, and state child support guidelines give everyone a starting point. It's also just as important to seek help from your lawyer and get the child support arrangement that's right for both parents and their children.
Questions for Your Attorney
- Is the change in the law a proper ground to ask for an increase in child support?
- Will the calculation of child support consider the income of someone who lives with me, such as a spouse if I remarry?
- How is the combined parental income determined?