How is Child Support Calculated in New York
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Introduction
Child support is a crucial aspect for parents going through a separation or divorce, as it ensures the well-being and proper care of their children. New York has its own specific guidelines for calculating child support payments, based on the Child Support Standards Act (CSSA). In this article, we will discuss how child support is calculated in New York and cover essential factors such as income, expenses, and adjustments.
1. Determining each parent’s income
The first step in calculating child support in New York is determining each parent’s income. This includes salary, wages, tips, bonuses, commissions, self-employment earnings, unemployment benefits, workers’ compensation, social security benefits, veterans benefits, pension and retirement income.
After identifying the gross annual income of both parents, certain deductions are subtracted to arrive at the net annual income. These deductions may include social security taxes, Medicare taxes, NY city and Yonkers taxes if applicable, and mandatory pension contributions or union dues.
2. Combining incomes and selecting the appropriate percentage
Once each parent’s net annual income is determined, their incomes are combined to determine the combined parental income. The CSSA outlines a percentage of this combined income that must be used for child support based on the number of children involved:
– One child: 17%
– Two children: 25%
– Three children: 29%
– Four children: 31%
– Five or more children: at least 35%
3. Calculating each parent’s share of child support
After applying the appropriate percentage to the combined parental income and determining
basic child support obligation (BCSO), each parent’s share of the BCSO will be determined based on their individual incomes as a proportion of the combined parental income.
4. Adding healthcare and childcare costs
In addition to basic child support amounts mentioned above, both parents are also responsible for their children’s healthcare and childcare costs. The cost of health insurance premiums, uncovered medical expenses, and childcare expenses are proportionally divided between the parents based on their incomes.
5. Deviations in child support calculations
Under certain circumstances, New York courts may deviate from the standard child support guidelines. Courts can order deviations in situations where it is determined that the guideline amount would be unjust or inappropriate due to various factors such as financial resources of each parent and the child, tax consequences, or an agreement made between parents.
Conclusion
Calculating child support in New York is largely based on the CSSA’s guidelines and involves determining each parent’s income, applying appropriate percentages, and considering additional factors like healthcare and childcare costs. However, deviations can be made based on specific case circumstances. It is important for separated or divorced parents to understand these calculations to ensure proper support is provided for their children’s needs.