NY has, understandably, a huge number of child custody disputes between parents whose relationship has broken down irretrievably.
Q. What is custody?
A. There are two parts to custody. One is the right and responsibility to make decisions for a child (legal custody). The other is where a child will live (residential or physical custody).
Read also New York state child support laws.
Q. How old does a child have to be before a New York court can’t make orders about the child’s custody and visitation?A. Eighteen.
Q. What is the difference between joint custody and sole custody?
A. In joint custody, the parents make major decisions about the child together – decisions about education, health, and religion, for example. The smaller, day-to-day decisions in joint custody are made by the parent who is physically caring for the child at the time. In sole custody, just one parent has the right to make the major decisions.
Q. In awarding custody, do New York courts favor mothers more than fathers or fathers more than mothers?
A. No. Today’s courts do not favor either parent more than the other. The law says a custody award is based on what’s best for the child.
Tuesday, June 14, 2011
New York Child Custody and Visitation-FAQ | Child Joint Custody
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.