Child support is among the most hotly contested issues facing both married and unmarried parents, giving rise to arguments from both those providing child support and those receiving it. However, New York views the financial support of a child as the mutual responsibility of both parents, regardless of their marital status. In fact, lawmakers have outlined a series of strict guidelines and calculations that are intended to ensure the accuracy and fairness of these determinations. That said, child support is still a complicated issue, which is why these matters shouldn’t be handled without the assistance of a skilled team of Long Island family lawyers in your corner. Fortunately, if you’re reading this, you’re in the right place. Sklavos Law Group, PC has extensive experience handling child support matters on behalf of clients in New York, and we stand ready to put that experience to work for you.
What Is Child Support Supposed to Cover?
Child support in New York is designed to ensure that a child’s needs are met by both parents, regardless of their relationship status. Under New York law, child support is intended to provide for the following essentials:
Basic Necessities: This includes food, clothing, and shelter, ensuring that the child has a safe place to live, appropriate clothing for the seasons, and regular, nutritious meals.
Educational Expenses: Child support covers school-related costs such as supplies, textbooks, and field trips. It may also extend to private school tuition or tutoring if agreed upon or ordered by the court.
Healthcare Costs: Parents are required to contribute to medical and dental expenses, including insurance premiums, co-pays, and any out-of-pocket medical costs not covered by insurance.
Childcare Expenses: If the custodial parent needs childcare services, such as daycare or after-school programs, to maintain employment or attend school, these costs are factored into child support.
Extracurricular Activities: Child support may cover expenses for sports, music lessons, art classes, or other extracurricular activities that enrich the child’s life.
Transportation Costs: If necessary, child support can also help pay for transportation costs related to visitation or attending school and extracurricular activities.
Child support is calculated with the intent of maintaining a standard of living that the child would have experienced had the parents remained together, ensuring their financial stability and well-being.
How Is Child Support Determined in NYS?
Determining child support in New York is governed by strict guidelines outlined in the Child Support Standards Act (CSSA). Courts use a formula to calculate basic support, but they also consider a range of factors to ensure a fair determination. Here’s a breakdown of what the courts look at:
Income of Both Parents: The combined gross income of both parents is used as the foundation for determining child support obligations.
Number of Children: The percentage of income allocated to child support depends on the number of children requiring support:
17% for one child
25% for two children
29% for three children
31% for four children
At least 35% for five or more children
Child’s Needs and Standard of Living: The court assesses what the child’s financial needs are, as well as the lifestyle the child would have had if the parents were together.
Parenting Time: While the custodial parent typically receives child support, the non-custodial parent’s visitation schedule and shared parenting arrangements can influence the amount.
Healthcare and Educational Costs: Special attention is paid to extraordinary expenses, including medical insurance premiums, uncovered healthcare costs, and educational needs, such as private school tuition or special learning programs.
Other Financial Obligations: The court considers whether either parent has other children to support or significant financial responsibilities that might impact their ability to pay.
Deviation from the Formula: In some cases, the court may deviate from the standard formula if adhering to it would create an unfair or inappropriate result, such as a parent’s low income or extraordinary expenses related to the child.
New York courts aim to both meet the child’s needs and ensure the financial arrangement is manageable for both parents. Unfortunately, this isn’t guaranteed, which is why having a team of skilled child support lawyers in your corner is so critical.
When Does Child Support End in New York?
In New York, child support generally ends when a child turns 21 years old. However, there are exceptions and specific circumstances where child support obligations may end earlier or extend beyond this age:
Emancipation: If the child becomes legally emancipated before the age of 21—such as by joining the military, getting married, or becoming financially independent—child support may terminate.
Extended Support for Disabilities: If a child has a physical or mental disability that prevents them from becoming self-sufficient, courts may extend child support beyond the age of 21 to address their ongoing needs.
Parental Agreement: In some cases, parents may agree to continue support for certain expenses, such as college tuition, even though it is not required by law.
Early Termination by Court Order: Courts may terminate child support before the age of 21 if the child refuses to follow reasonable parental rules, such as not attending school or living with the custodial parent.
Contact Our Long Island Family Lawyers
The bottom line is that regardless of your specific circumstances, an experienced Long Island family lawyer can serve as an integral asset to you and your child, ensuring that your child is supported and positioned for the best chance at a successful future. If you need assistance with any child support matter, please don’t hesitate to contact our skilled Long Island child support lawyers today.
