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 $130,000 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 $130,000 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.

Child support awards are subject to further review by the Court. Often, one parent will request that the Court modify a prior award of child support. Effective October 13, 2010, the New York State Domestic Relations Law was amended with regard to a parent’s ability to seek a modification of a child support order. Specifically, a child support order may be modified upon a showing of (i) a substantial change of circumstances; or (ii) that 3 years have passed since the order was entered, last modified or adjusted; or (iii) there has been a change in either party’s gross income by 15% or more since the order was entered, last modified or adjusted

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.