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All children are entitled to child support. It is the obligation of both parents to supply food, shelter, education, medical care and more to children. It the case of divorce, the judge will often order the non-custodial parent to pay child support. It is the law of the land. The courts will attempt to make the support payments equitable as possible.
Again, child support is put in place to provide financial support for the child. In the state of New York, child support is an obligation up to the age of 21. This also means that their healthcare needs must also be taken care of. The only exceptions under this law is if the child is already married, in the military or is self-sufficient enough to survive without benefit of support. If you need to know more about child support in New York state, you should seek out the counsel of an experienced attorney.
Child support in New York is calculated based on the combined income of both parties. However, the non-custodial parent is the one who pays, and they will also pay in most cases if there is joint custody. There is chart available that shows how much child support the obligated will pay. This is also based on salaries lower than $14,000:
17% of total income for 1 child
25% of total income for 2 children
29% of total income for 3 children
31% of total income for 4 children
35% of total income for 5 children or more
There are obvious exceptions to this scale. For instance, if you make a great deal of money, such as an entertainer or professional athlete, the amount of money you pay will rise significantly. This is one of the main reasons why a non-custodial parent needs an attorney on custody issues. They will give you a clear assessment of what you should expect at the custody hearing. They will speak up for you and do whatever they can to ensure you are treated with fairness.
Other things that can have an effect on child support is the non-custodial parent’s inability to pay. This could be from a number of situations such as incarceration, income below the poverty level, unemployed or disabled. While the court gives some deference in these situations, you are still expected to by something. According to New York law, even if you are unemployed, you are still responsible for at least $25 per month.
There are also times when both parties can disregard the formula and agree on a set amount monthly. A good support attorney can help guide you through this process.
The non-payment of child support can land you in serious trouble. Most states are very heavy-handed with non-compliance. While most states recognize the fact that situations can arise that prevent you from paying, you need to make your best effort to comply. If you fall behind on child support payments, the arrears will continue to build along with interest. You could quickly find yourself thousands of dollars behind. In most states, all back pay must be paid. It will not be dismissed under any circumstances.
If you need to get more information about child support, you should seek out one in the Long Island area as soon as you can. They can protect your rights as a non custodial parent. You will need an advocate on your side throughout the entire process. In most cases, consultations are free.