The parent with physical custody of the child is entitled to request child support from the other parent. The court will order child support based on statewide guidelines (“Child Support Standards Act” or “CSSA”) unless the guidelines are waived and the amount of child support is agreed between the parties. The guidelines determine the amount of child support based on the income of the parties and the number of children.
Child support in New York State must be paid until the child(ren) are twenty-one years of age (twenty-two years of age if a child is attending college), the death of a child, the marriage of a child, or the emancipation of a child. Children are generally considered emancipated if they are on active military duty, when they marry, live away from the parents or are in full-time employment. If the child is under 21, the court may require general information about the child, including where the child works, and a statement from the child stating that the child is self-sufficient, and not in need of support from the parents.
The CSSA states generally that the parent WITHOUT physical custody of the child must pay child support to the parent WITH physical custody.* typically, the percentages that the parent WITHOUT physical custody (the non-custodial parent) must pay as and for child support is:
1 Child: 17% of the non-custodial parents Adjusted Gross Income.
2 Children 25% of the non-custodial parents Adjusted Gross Income.
3 Children 29% of the non-custodial parents Adjusted Gross Income.
4 Children 31% of the non-custodial parents Adjusted Gross Income.
5 Children 35% of the non-custodial parents Adjusted Gross Income.
The above percentages are taken from the non-custodial parent’s ADJUSTED GROSS INCOME. The ADJUSTED GROSS INCOME is calculated as follows:
YOUR GROSS INCOME (-) MINUS Social Security Tax withheld, (-) MINUS Medicare Tax Withheld, (-) MINUS Local Tax (e.g. NYC) Withheld, (-) MINUS court-ordered child support payments paid to third party = YOUR ADJUSTED GROSS INCOME.**
*In cases where the parents agree to Joint Physical Custody, the Courts generally treat the parent with the higher income as the non-custodial party, and Premier Paralegal will prepare your paperwork accordingly.
**If the non-custodial parent’s adjusted gross income is LESS THAN $13,099.00 per year, then the CSSA mandates that the child support owed by the non-custodial parent is $25.00 per month. See the current CSSA chart for exact amounts because these numbers can change from year to year.