Thursday, December 23, 2010

NYC Child Support | NY Child Support | Child Joint Custody

NY Child Support Calculation

NY child support is calculated on the basis of the number of children to be supported and the adjusted gross income of the non custodial parent.

This involves looking at the gross income of the non custodial parent, subtracting taxes, social security payments, Medicare) and then applying a percentage to the net figure.

This percentage is applied to the adjusted gross income figure in the following proportions:

1 child-proportion of adjusted gross income is 17%

2 children-25% of adjusted gross income

3 children-29% of adjusted gross income

4 children-31% of adjusted gross income

5 children-at least 35% of adjusted gross income

This amount is then added to the non custodial parents share of medical, educational and child care expenses. This total amount then is the non custodial parent’s full child support obligation.

It is important to note that if you are denied visitation rights to your child you cannot withhold child support. You must go to court to have your visitation order enforced or to obtain a visitation order.

Generally you will be ordered by the Family Law Court to make your child support payments to the Child Support Enforcement agency and not directly to the custodial parent. It is important to ensure that you do this as you may not get credit from the agency for payments made directly to the parent and your payments may be considered to be a gift, not child support. Check out child support laws also.