Child Support In New York State printable pdf download

Child Support In New York State

This material is provided to answer general questions about the law in New York State. The information and forms were created to

assist readers with general issues and not specific situations, and, as such, does not replace the legal advice or representation of an

attorney. Because of this and because of unanticipated changes in the law, the Rural Law Center of New York (RLC) makes no claim

that this information will achieve the results you desire. Also, the RLC disclaims any responsibility for actions taken based on this

material. If you are seeking advice about a specific legal issue, you should contact an attorney licensed to practice in New York State.

Rural Law Center of New York, Inc.

CHILD SUPPORT IN NEW YORK STATE

The impact of separation or divorce on children can be economically

severe, as well as emotionally. For children living in single-parent

households, there is a much greater risk of poverty than children

living with two parents. In spite of steady incomes, it is much more

costly to maintain two separate households.

To ensure that children of separated parents receive adequate

financial support, New York, like all states, has developed Child

Support Guidelines. The goal of these guidelines is to make sure that

children receive financial support in proportion to the incomes of

both parents.

SOME FREQUENTLY ASKED QUESTIONS

Q. How is child support calculated?

A. Domestic Relations Law, s. 240(1-b) and Family Court Act s. 413(1)(b),

known as the Child Support Standards Act ("CSSA") provide that the court

shall calculate the "basic child support obligation", and the non-custodial

parent's pro rata share of the "basic child support obligation". Unless the

court finds that the non-custodial parent's pro rata share of the "basic child

support obligation" is unjust or inappropriate, after considering

ten enumerated factors, it must order the non-custodial parent to pay his or

her pro rata share of the "basic child support obligation". In arriving at the

"basic child support obligation" the Court must calculate the "combined

parental income" and multiply it by the appropriate "child support

percentage." "Income" is defined as "gross income as was or should have

been reported on the most recent federal income tax return". There are

required deductions from gross income for social security and New York City

and Yonkers income taxes. The law contains provisions for additions to

income" and deductions from "income".

Child Support In New York State