The Law Office of Mark I.Plaine, P.C.
80-02 Kew Gardens Road, Suite 5001,
Kew Gardens, NY 11415
718-268-0279   718-268-2834
mplaine@plainelaw.com
  CHILD SUPPORT
 
 
The non-custodial parent’s child support obligation is calculated pursuant to the New York State Child Support Standards Act. Determining the basic child support obligation (i.e. the basic amount to be paid every week, month, etc.) involves a series of steps including calculation of the parents’ combined parental income; subtraction of certain mandated deductions from income (including certain employment taxes); pro-rating each parent’s percentage of combined parental income; and multiplying the income available to pay child support by the applicable child support percentage.

The applicable percentage varies between 17% (for one child ) and 35% (for five or more children) based upon the number of children involved. The Court is required to apply the child support percentages to combined parental income up to $80,000 per year, unless the Court finds that application of the percentages would be unjust or inappropriate. Upon such a finding, the Court will order child support to be in a sum which it deems just and appropriate. Where combined parental income exceeds $80,000 per year, the Court may either strictly apply the applicable child support percentage to the excess income or may fashion an award by use of equitable factors and/or the child support percentage.

In addition to requiring payment of the basic child support obligation, the Court must pro-rate the cost of the children’s health insurance, uncovered health related expenses, and child care expenses, between the parents. The Court may also award educational expenses in child support proceedings, including contributions toward the cost of private school, enriched education, and college expenses for the children.

Many child support proceedings require an analysis of complex financial scenarios. Additionally, many parties will attempt to shield available income and/or misreport their earnings and income in an effort to effect their child support obligation. It is important that the matrimonial litigant retain counsel who is experienced and skilled in accurately establishing the income available to each party to arrive at a fair and equitable child support award.

 
 
Mark I Plaine, ESQ
Grounds for Divorce
Property Distribution
Maintenance
Custody
Child Support
Counsel Fees
Marital Agreements
 
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