Child support is designed to help children have the resources they need to live a healthy and happy life. Parents are responsible for paying each other child support, and New York has established specific guidelines regarding how payments should be calculated. The goal is to ensure that the non-custodial parent is provided for and that the custodial parent receives the appropriate amount. A New York child support lawyer can explain how these payments are calculated and what factors will be considered by the court when making an order.
The majority of states follow a formula that takes into account the incomes of both parents, the number of overnights each parent has with the children, which parent pays for health insurance, who claims the children as tax deductions, and more. However, New York is unique in that it is one of the few states to use a cap on how much a parent can be ordered to pay. In this article, we will explain how these calculations are made and how the court may choose to stray from the guidelines.
There is a basic child support formula that starts with the total combined parental income of the parents and then determines a percentage that is to be paid to the custodial parent. The starting point is the gross income that was (or should have been) reported on federal and state tax returns. If either parent has additional sources of income, those must also be included. If you are unsure about what your gross income is, you should consult an accountant for assistance.
This formula considers only income, so expenses such as housing costs, food, childcare and health care are not taken into consideration. This is a significant difference from other states, where the cost of these items can have a major impact on child support. In some cases, a judge will take into account the lifestyle that the family would enjoy if it stayed intact, and in other cases, special circumstances or other issues may be presented to the court.
In addition to a basic child support calculation, courts often order an add-on or additional payment from the non-custodial parent. This can be to cover things like unreimbursed medical expenses or certain educational expenses if approved by the court.
Aside from these specific situations, judges are generally bound by the state guidelines and must abide by the terms of an existing child support order unless they have reason to change it. Some examples of proper reasons to deviate from the guidelines include: a reluctance of either parent to work; a finding that one or both parties purposefully lowered their income in an attempt to lower child support obligations; a large change in income for any reason; a parent who has intentionally been unemployed or underemployed; contributions to the children’s lives besides money; lifestyle differences; tax impacts; and the financial needs of other children living with each party.
A court-ordered child support agreement or order can be modified when circumstances change. However, modifying an existing child support agreement requires proof of a substantial and unanticipated change in circumstance. This is a very high standard that must be met by parents seeking a modification of their existing child support arrangement.
In general, if it has been at least three years since the original child support order was entered by the court, either parent can petition the court for a modification. The petition would ask the court to recalculate the amount of child support being paid or received based on any changes in income.
The courts will consider a number of factors when determining whether to grant a modification of a child support order or agreement. The most important factor is the existence of a significant and unanticipated change in circumstances. This is a very high standard that a judge or hearing officer must meet before they will grant a modification of a child support arrangement.
For example, if one parent suffers a significant illness that prevents them from working in the same capacity as they did at the time of the original child support order or agreement, this could constitute a significant and unanticipated change of circumstance. The same is true if a parent loses their job or is terminated, or if they are laid off and cannot find another position that pays them at the same rate of pay.
Likewise, it is also possible to request a modification of a child support arrangement when one parent’s expenses significantly increase. These are known as “increased cost of living expenses.” These types of expense increases, however, must be supported by documentation of the increased expenses. This type of modification cannot be waived by a stipulation or agreement between the parties.
A change in custody of a child is also an excellent reason to seek a modification of the child support agreement or order. Typically, such a change in custody must involve some sort of reunification of the child with the non-custodial parent. The change in custody must also affect the amount of child support that is being paid or received.
Finally, a party may petition for a modification of an existing child support arrangement when the children are emancipated. In New York, a child is considered emancipated upon reaching the age of 21 years old.
While it is possible for incarcerated parents to file for a modification of a child support order, it must be done with the help of an experienced New York child support attorney. The lawyer must be able to prove that the incarceration isn’t simply for failure to pay child support and that it is not being used as leverage against the non-custodial parent. This is a very difficult burden to meet and, for this reason, it is rare for such requests to be granted.
If parents are sharing joint custody of children, both parties are financially responsible for supporting them. New York law defines child support as an obligation to provide “basic child expenses” and “mandatory add-on expenses.” The court’s basic child support obligation is determined based on a formula that takes into account both parent’s gross income, with certain deductions and credits taken into consideration. The formula is then multiplied by the applicable statutory percentage for each child. The basic child support obligation is intended to cover the children’s daily needs such as housing, food and clothing. The court can also order mandatory add-on expenses for the children’s health insurance, unreimbursed medical expenses and education.
If a noncustodial parent experiences an involuntary change in income of 15% or more since the child support order was entered, last modified or adjusted, either party may file a petition for modification in Family Court. However, this is not a guarantee that the courts will grant a request for a change in support. Typically, courts require proof that the current amount of child support is unjust or unreasonable given the circumstances. It is also important to remember that even a substantial voluntary decrease in a parent’s income will not qualify as a substantial change.
A local family attorney is able to assist parents with determining if there has been a substantial change in circumstances, and if so, how that may affect the child support payments. Oftentimes, parents are able to reach an agreement on child support outside of court. In this case, an attorney can help the parents discuss their options and come up with a plan that will be acceptable to the court.
Both federal and state law set forth a variety of methods that the family court can use to enforce a child support order. These methods include wage garnishment, bank levy, withholding of New York welfare benefits, and other collection procedures.
An attorney can also help the client understand how child support is taxed in New York. Generally, the recipient of the support does not have to pay taxes on the payments, and the payer does not get to deduct the payments from their tax return. However, there are situations where the tax treatment of child support changes.
The laws regarding child support are complex and vary from state to state. An area attorney will be best suited to help clients through the process, including filing for modification when necessary. Contact an experienced New York child support lawyer to learn more about how income changes can affect child support in New York. An attorney can also help clients with issues such as modifications, child custody and other family law matters.
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