nys child support

Child Custody and Child Support in New York

Description: In this article about nys child support login, the author is going to show you how a child custody order in either a family court or in a matrimonial court will affect a person’s ability to receive their obligation to pay child support in New York State.

One of the questions that were often asked in our practice is how a child custody order in either a family court or in a matrimonial court will affect a person’s ability to receive their obligation to pay child support in New York State, it’s important to realize that child support in New York State is calculated in accordance with the child support Standards Act more commonly referred to as the guidelines or CSSA.

Under the guidelines, child support is usually paid to the custodial parent with whom the children reside primarily, by the non-custodial parent who has visitation or access rights, child support is typically calculated and afforded to the custodial parents in accordance with the statute.

However, there are two custodial instances where child support can be effected, first one is in a split custody situation where one or more of the children from the household live with one of the parents primarily, one or more of the children of the household reside with the other parent primarily.

In that situation the child support Standards Act is applied to each parent assuming that they are the custodial parents of the child or children that reside with them, what will happen is once you’ve had that calculation pertaining to each parent, the lesser amount to be paid for child support is subtracted from the higher amount to be paid from child support thereby determining who will be paying child support and the amount of child support.

That instance of split custody situations differs from the other custody arrangement that will affect child support, that is joint custody, in a joint custody arrangement the parents share access or time with their children roughly the same or equally.

In that situation it is reasonable to expect that in households where the parents make similar amounts of income or have similar financial resource, they share equal time between themselves and their children, it wouldn’t be reasonable to make an award to either parent for child support.

However, in situations where there is equal time between the parents and children, one parent makes substantially more income or have substantially more resources than the other parents, then what the court will do is that it will make a child support award to the less affluent parent.

The logic behind that is that they want the children to have the same standard of living regardless of which parent they are staying with at a particular moment, how does the court calculate child support in a joint custody situation? The courts aren’t as clear as to how child support should be calculated as they are when it comes to a split custody arrangement.

In fact, the courts generally fall into one of three categories, first they will calculate child support as they do in a split custody situation, second they will make a determination of the financial needs of the children and fashion a child support award in accordance with those needs.

Third, probably the most reasonable and more common way is that they will determine child support to be paid to the less affluent parent and make a determination based on the factors set forth in the child support guidelines to determine whether that child support award is appropriate or just.

If it is appropriate or just, the child support order will stand, if the court should determine that it’s not appropriate or that it’s unjust, they will deviate from the guideline amount to fashion a child support agreement that they deem to be reasonable.

I hope that our discussion today has been helpful with regard to these issues, if you should have any other questions concerning child support, child custody, matters of family law or divorce, please don’t hesitate to contact my offices of Riebling Proto and Sachs at nine one four nine four six four eight zero eight to schedule an appointment, thank you.

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