The Child Support Standards Act is often referred to as the CSSA which is a law that mandates that both parents pay their fair share of child support. In essence, it requires the noncustodial parent to pay the custodial parent a prorated share of child support based upon the combined income of the parties. There is a child support system in New York that helps custodial parents obtaining and securing their child support for their children. They help by locating parents, collecting child support for parents, establishing paternity, and helping parents get child support and child modification orders. You can learn more by visiting their website directly at https://childsupport.ny.gov/DCSE/HomePage. This aforementioned website provides valuable links which you can click on and use in order to learn more about your child support rights and obligations. When you file for child support you may do so in the Family Court of the State of New York in the county where you and the children reside. It is recommended that you seek advice of counsel before you file a petition but litigants who cannot afford to hire an attorney can file pro se.
You may also move for child support on the context of your New York Divorce action in Supreme Court. Both Supreme Court and Family Court have equal jurisdiction to hear your child support case. This means that if you cannot afford to get a divorce, or if you are unmarried with children, you can still apply for child support in Family Court as long as there is an Acknowledgment of Paternity or Order of Filiation. Be sure you attach said Acknowledgment or Order to your support petition if you are unmarried, or else file a petition for paternity before or simultaneous to the filing of your child support application.
This is because in a divorce or child support case where there are children under age 21, it is essential for the State to be sure that the children are provided for financially. The Court will try to get the parents to reach an agreement between themselves. If all else fails, then the Court will arrive at the Order for the parties by using a formula promulgated by the New York State CSSA. This is a mathematical equation
Which results in a presumptively correct amount of child support. This equation yields only the first step in any child support configuration, and it is geared to arrive at the basic child support obligation of both parties for basic necessities such as food, housing, clothes, and other such related costs. The basic child support obligation does not include the mandatory add-ons expected to be paid by both parties for health care costs and day care costs. There are also discretionary add-ons the court might order for private school, extracurricular activities, and college expenses.
Often times, if the case is being overseen in Court the party seeking child support may ask for a temporary child support Order which will most likely be granted during the pendency of the support action. These Orders will be modified and finalized after a trial or at the conclusion of the case by agreement. If parents agree to a child support amount that differs from the CSSA then the parties must set forth in the Agreement the reasons for not paying the formulated amount. If the court feels that the children’s needs are not met by the agreement then the Court can impose its own figures. Even if the parents waive their right to receive court the statute requires that a minimum payment of $25.00 per month.
Next, how does the Court determine the child support given the number of the children of the family. First, the Family Court of New York takes the income of each party inclusive of wages, Social Security payments, retirement income, investment income, veteran’s payments, and unemployment insurance payments. Excluded from income is social security and Medicare for purposes of this calculation. The court will subtract from a person’s income any child support paid for other children and some types of miscellaneous taxes. The court then adds the income of both parents together. Next, the court multiplies the combined income by the following, arriving at the proper award. That is, 17% for one child, 25% for two children, 29% for three children 31% for four children and 35% for five or more children.
Next, the Court will divide that amount based upon both parties respective earnings to ensure that the noncustodial party pays their legal share of child support to the custodial parent. After these figures are arrived at by the court then the Court must decide as to whether the outcome is fair and meets the needs of the children. If the figure arrived at puts the noncustodial parent below poverty levels, then the Court can reduce child support to as little as $25.00 per month.
There are income caps which the Court will impose in configuring child support. Effective March 1, 2024, for the next two years, the income cap for child support calculation purposes is $183,000 (up from $163,000) and the income cap for maintenance is $228,000 (up from $203,000). Child support is calculated using the formula in the Child Support Standards Act [DRL §240, FCA §413]. The guidelines chart provided in the following link will tell you what the poverty level is, and the chart can be located at the following link:
https://www.childsupport.ny.gov/dcse/pdfs/CSSA.pdf
I hope this was helpful!
By: Your Manhattan Divorce Lawyer
Lisa Beth Older, Esq.