Garden City Child Support Lawyer
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In divorce cases and in situations where the parents never married, it
is common the parent who does not have primary physical
custody of the child is required to pay monthly child support to the custodial
parent. Child support payments are used to cover expenses related to the
basic needs of the child, including food, shelter, clothing, medical care,
and schooling.
After the relationship of the parents ends, it is the responsibility of
both parties to ensure that the child has continued and appropriate care.
For a noncustodial parent, this usually means paying child support as
ordered by the court. In cases that involve joint physical custody, the
costs related to
raising the child are shared by both parents and based on their respective incomes.
The
family court does not take into consideration how much visitation time the noncustodial
parent gets, whether they have a close relationship with their child,
or if they have only met the child a few times. The court’s main
priority is the best interests of the child, and this means the noncustodial
parent is responsible to provide financial support for their child, regardless
of any other circumstances.
How is child support determined in New York?
In the majority of Garden City cases, the amount of support to be paid
is based on the combined annual income of the parents and the number of
children they had together. The noncustodial parent will then be responsible
to pay this amount to the custodial parent each month, to help cover the
needs and expenses of the children.
In general, the state uses a basic formula to determine how much child
support is to be paid:
- One Child - 17% of the combined income
- Two Children - 25% of the combined income
- Three Children – 29% of the combined income
- Four Children – 31% of the combined income
- Five or more Children – at least 35% of the combined income
The court may also order the noncustodial parent to pay an additional amount
to cover any reasonable health costs for the child and to help pay for
child care if the custodial parent must work or attend school. Some parents
may also be ordered to assist in paying for their child's education.
The court has to make a choice when the parents' combined annual income
exceeds $136,000. In such cases, the judge will decide whether to use
the basic formula for the entire income, or if they will use the formula
for the first $136,000, and then choose how much additional child support
is to be paid.
When a state court determines the specific amount of child support to be
paid, they take several factors into account, including:
- Both parents' financial resources
- Both parents' standard of living prior to the divorce
- The child's educational needs
- The mental and physical health of the child
- The cost of health insurance
- The existence of children outside the marriage
Caring and Effective Legal Help for Parents
When you are trying to reach an agreement on child support terms in your
divorce case, it is to your benefit to have the assistance of an experienced
Garden City divorce lawyer. The attorneys at Jonathan E. Edwards P.C. possess over two decades of
law experience. We are available to help you understand your rights regarding
child support, as well as what you should expect to pay or receive in
the aftermath of your divorce.
With our assistance, you will have an improved chance of reaching a child
support agreement that meets the financial needs of you and your child.
Contact a Garden City child support attorney from our office who can help you pursue a fair resolution to child support issues.