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Oct 2020What if my husband does not pay me my spousal support under a court order during a New York divorce case?
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How does a court decide child support in your New York divorce case?
September 26, 2020
How does a court decide child support in your New York divorce case? The first thing the court does is determine what each party earns as far as net income goals. When you determine that income you were looking at your gross income from the IRS return minus deductions of FICA New York City income tax or Medicare or Medicaid. Next, the court will use the formula by adding both parties net income together then they multiplied by a percentage depending on how many children you have such as 70% for one child 25% for two children, 29% for three children and 31% for four children if there are five or more children child-support cannot go above 35% then that amount would be divided in proportion to each parties net income of the combined net income of the parties.
However, Manhattan or New York State child support is calculated on income up to $154,00.00 of combined parental income. Once again, however, the Child Support Standards Act are only guidelines and the case law shows that the court can deviate upward from this amount depending on the circumstances of the case, the ability to pay and the needs of the children.
If you need to calculate Child support, there is a child support calculator online which can be found on the New York.gov website.
The above child support obligation is not the only child support you are required to pay If you are the non-custodial parent. There are certain add one to the basic child support as stated in the above paragraph. For instance, one parent or the other must contribute toward health insurance of the children. Next, the parties will likely prorate the amount of child support childcare and child support medical payments that are not covered or included in the insurance coverage. Some courts will also direct that you pay toward your children’s college education and private school, but this is discretionary. Payments toward extracurricular activities is also discretionary with the court.
With Covid 19 affecting many New York divorce cases, you must also understand how unemployment affects your child support obligation. For instance, if you are on unemployment there are consequences. New York State's Social Services Law Section 111-j will work to allow you to ask the agency to withhold child support from unemployment insurance benefits (UIB). However, in the State of New York the maximum they can withhold is fifty percent.
If you feel you are paying too much child support keep paying but immediately think about hiring a New York divorce attorney to file a downward modification of child support. If you reside in Manhattan hire a Manhattan divorce lawyer who is very familiar with the child support laws of New York. Remember that your petition will be retroactive to the date of the filing so keep paying your child support until you file your petition.
The Child support Standards Act which are only guidelines, does not require you to pay for the extracurricular activities of the children, absent a court order or agreement.
However, some courts consider these costs as necessary if the court determines that they need to deviate from the Child Support Standards Act. It is good to keep this in mind when you meet with your lawyer because you might want to add extracurricular activities into the agreement. For more information go to my website at www.nycdivorcelawyer.net or give us a call at 212-786-0901.
When it comes to child support, your status as to marriage is a relevant. If you’re not married, you may file for child support in Family Court.
By: your Manhattan divorce lawyer and Manhattan custody lawyer.