Child Support & Spousal Support Issues

In this article, you can discover:

• How child support is calculated in New York based on combined parental incomes.
• The circumstances under which spousal support is awarded in New York State.
• The factors that influence the duration of spousal support payments.

How Is Child Support Determined In New York?

Child support in New York is primarily based on the Child Support Standards Act formula. This formula takes into account the combined parental incomes of both the mother and the father. After accounting for deductions such as social security, Medicaid, and FICA taxes, a percentage is applied based on the number of children:

• One child: 17%
• Two children: 25%
• Three children: 29%
• Four children: 31%
• Fifth child or more: 35%

There is a cap on the combined parental income set at $163,000. However, in certain circumstances, child support can be awarded over this cap.

Is Child Support Paid During The Divorce Process?

Yes, under specific conditions, such as when the parties live separately, child support might be due from the non-custodial parent to the custodial parent during the divorce proceedings.

Can Parents Deviate From The Standard Child Support Calculation?

Yes, parents are allowed to deviate from the standard child support calculation. Parents can work together and agree on a different amount, sometimes lower or higher than what the formula suggests. This flexibility allows parents to consider unique situations, such as a recent job change or financial challenges.

What About Spousal Support In New York?

Spousal support has a specific formula. If there is a significant income discrepancy between both parties, spousal support might be owed for a specific period, depending on the marriage's duration.

How Is The Spousal Support Amount Determined?

This is also based on a formula that considers each party's income, deducts FICA taxes, and adjusts based on whether child support is being paid.

How Long Will Spousal Support Be Owed?

New York State provides an advisory schedule for this. The duration of spousal support payments depends on the marriage's length, starting from the marriage date to when the divorce action commenced.

Navigating these processes can be complex, but understanding the basics provides a foundation for what to expect when dealing with child and spousal support in New York. You should always consult with a legal professional to understand your specific circumstances fully. For more information on Child Support & Spousal Support Issues, an initial consultation is your next best step.