In New York State the courts use the Child Support Standards Act. It is an act, which sets forth the type of income that is going to be considered for purposes of child support; the sources of the income. It breaks it down by the amount of children ranging from 17{d7ad8d91dcbc6c5f909cae8a9a63c8e9cbd63938c628b2b59a791ba818aca75d} for one child up to 35{d7ad8d91dcbc6c5f909cae8a9a63c8e9cbd63938c628b2b59a791ba818aca75d} for five or more children. That comes from the combined parental income.

New York State provides a basic child support guidelines worksheet that can help the non-custodial parent determine what the correct amount that needs to be paid. The worksheet outlines all incomes in hundred dollar increments all the way up to an annual income of $199,999. For example, if the non-custodial parent has an annual income of $60,000 and they have 3 children, their annual obligation amount of child support would come out to $17,400. It is important to recognize that the child support standards formula worksheet is not the definitive amount that you will be required to pay annually. There are circumstances that may arise in which the judge may rule that you have to pay a different amount.

At the end of the day, each case stands on its own and each case is fact-driven. There are times when the court may opt out because the formula is unjust or improper. That’s why you need an experienced attorney to review your particular facts in these matters.

If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.