Each parent has an obligation to support their children. In New York, there is a formula established under The Child Support Standards Act which lists all the factors that the courts use when determining which parent pays child support to the other and how much that payment should be. The determination is made after the Court considers the income of each of the parents from all sources, how many children there are, and the needs of the children.
What is Included in Child Support?
Parents are expected to provide for the basic living expenses of their minor
Basics that are included in a child support include:
Mandatory add-on child support includes healthcare, education and child care costs. The parties can use the formula under the Child Support Standards Act, or they can choose to negotiate their own agreement. The Court will review the parental child support agreement and if the Court agrees that it is in the best interest of the children, the agreement will become the Court’s final support order. Non-mandatory costs include such things as extracurricular activities.
Caps on Child Support and Possible Deviations
The Child Support Standards Chart caps a parent’s requirement to pay child support at a certain percentage of their income. When there are expenses above that cap, as there often are for children in Westchester County, an experienced family law attorney can present to the court reasons why there should be a deviation from that cap (or why not).
How Child Support Is Paid
Generally, the paying parent pays the receiving parent by a personal check or automatic deposit into the receiving parent’s bank account. The receiving parent can also request that the paying parent pays through the Support Collection Unit.
If the paying party does not pay the child support they owe, a Support Enforcement Proceeding may be initiated. The Court will consider the circumstances of the parent who was ordered to pay child support and make appropriate orders to ensure compliance including ordering the payment of arrears and enlisting payment through Support Collection.
At Rosenthal & Markowitz, LLP, we represent parents on all issues of child support. Contact us for a consultation.