Raising a child involves ongoing costs and child support helps parents share those financial responsibilities. If you are going through a divorce or separation, you may wonder how New York determines the amount of child support you may owe or receive. While the state uses a standard formula, several factors could influence the final amount. Understanding how the process works may help you know what to expect.
What income could count toward child support?
New York begins child support calculations by looking at each parent’s income. However, the court may consider more than just wages from a regular job. Depending on your circumstances, it could include income from several sources.
Some examples may include:
- Wages, salaries and bonuses
- Self employment income
- Commissions and investment income
- Workers’ compensation or unemployment benefits
- Pension or retirement benefits
Before applying the child support formula, the court may subtract certain allowed deductions from your income. Because of these adjustments, the amount used for the calculation may differ from your total earnings.
How do the child support guidelines work?
New York’s child support guidelines generally use a percentage of the parents’ combined income to calculate the basic child support obligation. These percentages usually apply to combined income up to a specific income cap set by state law. The cap may change over time.
For combined income above that amount, the court may decide to apply the same percentage or consider other financial factors when determining an appropriate support amount.
The standard guideline percentages generally include:
- One child: 17% of income
- Two children: 25% of income
- Three children: 29% of income
- Four children: 31% of income
- Five or more children: At least 35% of income
After the court calculates the basic support amount, each parent generally pays a share based on their portion of the combined income. However, the court may adjust the amount if certain circumstances suggest that the guideline calculation does not fully address the child’s needs.
What other expenses may affect child support?
Child support may include more than the basic obligation. In addition to the guideline amount, parents may need to share certain expenses related to raising a child.
These costs could include:
- Health insurance premiums for the child
- Child care expenses that allow a parent to work or attend school
- Medical expenses not covered by insurance
- Educational expenses for the child
The way these expenses are divided may depend on the family’s circumstances and each parent’s financial situation. As a result, the total support obligation may vary from case to case.
Understanding the full picture
The guidelines provide a starting point, but the court may consider other factors when deciding what amount fits your family’s situation. Understanding the factors that influence child support calculations and getting proper legal advice may help you prepare for the next steps in your divorce or separation