Representing New York clients facing child support issues
Parents in New York State are obligated to support their children until the age of 21. New York courts have the authority to mandate parents to follow a support structure in times of divorce, separation, and other legal matters. The New York State Child Support Guidelines determine what is fair and just to parents and the child. The child’s best interests are the first priority of the court and the child support structure will function to lessen the impact of the family law matter on the life of a child. There are many factors that will contribute to a fair and just child support structure. Having the right attorney is always recommended. Penichet & Alberga LLP has over 100 years of combined experience representing the needs of clients faced with child support issues.
The Child Support Standards Act
The New York Child Support Standards Act (CSSA) functions to fairly allocate the financial obligation of each parent for raising their child. The goal is to continue the child’s quality of life. According to the CSSA, basic child support will be determined by taking a percentage of the combined income and distributing the support between each party in proportion to each income, up to $80,000.
- One child- 17 percent
- Two children- 25 percent
- Three children- 29 percent
- Four children- 31 percent
- Five or more children- no less than 35 percent
Though it seems simple enough, there are many other things that will impact a party’s child support obligation.
There are many other factors the court will consider when deciding on each party’s child support obligation. For example, if one parent has physical custody and the child lives with them more nights a week, the child support obligation will change because it costs more to house, feed, transport, and clothe a child for more of the time. Courts will consider factors about the parents including:
- Earning capacity
- Income, debt, and assets of each party
- Work history
- Tax consequences
- Financial resources
Some of the issues examined by the court related to the child may include:
- Age and health
- Cost of providing for the child
- Financial resources
When does child support end?
Child support is presumed to end at the age of 21. This is not set in stone and some financial obligations can last through college and beyond. To end child support payments, the parents will have to declare the emancipation of their child and the court must agree. If this request is granted, the child will be considered financially independent and the parents will be free of the child support structure.
Contact an experienced Westchester County child support law firm
Our firm is widely known for their ability to effectively represent the needs of clients across Westchester County and New York. Our legal team has been a wealth of knowledge for clients facing family law matters for over 100 years. If you are in need of a law firm with an esteemed reputation driven by results, you need Penichet & Alberga LLP Contact us by email to schedule a consultation. or call 914-806-6675.