Child Support

In New York State, the non-primary residential parent, by law, is obligated to pay child support to the residential parent. The Child Support Standards Act controls the amount to be paid. Generally payments are 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more children. Payments are based on the person's gross income, less FICA and Medicare and less payments being made on behalf of other children or spousal maintenance which payments are based upon a valid agreement or Court Order. There are a number of other factors such as the “cap” that comes into play when determining the amount of support.

Child-support is payable until age 21 or it can be terminated earlier depending on the emancipation factors involving the child. Support can extend beyond age 21 so long as it is agreed to by both parties. As a result, it is extremely important that an experienced attorney such as Leonard Rosner be involved in the process to protect you concerning these factors.

In addition to the basic child support amount, there are several add-on expenses to the regular periodic payments. These include a proportionate share of daycare expenses, unreimbursed medical insurance premiums for the children, uninsured reasonable and necessary medical/dental costs, and other related expenses on behalf of the children. In addition, the parties can agree or the court can direct the payment of educational expenses or other specific needs affecting a child. This can include college or private school expenses. As a result of significant decisions by various New York courts, it is critical to have the advice and assistance of an experienced attorney such as Leonard A. Rosner.

Under certain circumstances, there can be a deviation from the strict "guidelines" of the child support standards act. Some of these deviation factors include split custody, shared custody, extraordinary visitation issues, relocation situations, as well as extraordinary income deviations between the parties.

New York law now lists several categories which will permit a modification of child-support. Knowing these factors and obtaining proper and experienced advice in regard to modification is critical and the Law Office of Leonard Rosner will be a major support to you in this regard. If you have questions concerning modification please call us at 585-249-0510 or send us an e-mail.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.