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A: In New York, child support is determined by statutory guidelines. Generally, the Court will calculate child support based on 17% of one’s adjusted gross income for 1 child, 25% for 2 children, etc. However, the Court has the discretion to deviate from these guidelines, based on numerous factors. One primary factor is if the parents’ combined income exceeds $163,000 (the cap as of March, 2022).
There are also some other factors the court considers: day care expenses, medical/dental insurance costs and educational expenses – if the custodial parent incurs these expenses and they are unreimbursed, the non-custodial parent may be obligated to pay a portion of these expenses in addition to payment of the “basic child support” as explained above.
Additionally, in 2010, New York law amended its child support guidelines to include an automatic modification of child support once every three years. This means that if your child support order is up for a review, you may simply file a petition at the 3-year mark & have the Court re-calculate support based on current incomes. Moreover, if you or your child’s parent has undergone a substantial change in circumstances, warranting a modification, the court can also assess your situation to determine if a modification is necessary.
There are several other factors which the Court considers, as detailed below:
(1) The financial resources of the custodial and non-custodial parent, and those of the child;
(2) The physical and emotional health of the child and his/her special needs and aptitudes;
(3) The standard of living the child would have enjoyed had the marriage or household not been dissolved;
(4) The tax consequences to the parties;
(5) The non-monetary contributions that the parents will make toward the care and well-being of the child;
(6) The educational needs of either parent;
(7) A determination that the gross income of one parent is substantially less than the other parent’s gross income;
(8) The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are not subject to the instant action and whose support has not been deducted from income pursuant to subclause (D) of clause (vii) of subparagraph five of paragraph (b) of this subdivision, and the financial resources of any person obligated to support such children, provided, however, that this factor may apply only if the resources available to support such children are less than the resources available to support the children who are subject to the instant action;
(9) Provided that the child is not on public assistance (i) extraordinary expenses incurred by the non-custodial parent in exercising visitation, or (ii) expenses incurred by the non-custodial parent in extended visitation provided that the custodial parent’s expenses are substantially reduced as a result thereof; and
(10) Any other factors the court determines are relevant in each case, the court shall order the non-custodial parent to pay his or her pro rata share of the basic child support obligation, and may order the non-custodial parent to pay an amount pursuant to paragraph (e) of this subdivision.