Description: The following passage is talking about nys child support login. Attorney Michael R. Varble discusses how the New York court system calculates child support. The child support standards act in the state of New York requires that a noncustodial parent pay to the custodial parent child support in a percentage.
What is child support? How do you consider one of the calculations? What your exposure is when it comes to child support obligations? The child support standards act in the state of New York requires that a noncustodial parent pay to the custodial parent child support in a percentage.
If there’s one child, it is generally seventeen percent of your gross income, less FICA which is Social Security tax, if there are two children, it’s 25 percent of your gross income, if there are three children, it’s 29 percent of your gross income, if there are four children, it’s 32 percent of your gross income.
If there are beyond four children, it’s up to the discretion of the court, it’s going to be over 32 percent, how does child support get determined? It’s based on your tax returns, your W2’s or your paycheck stubs, those are all things that the court is going to examine.
In addition to the basic child support obligations that you are required to pay, there are other elements of child support that are called statutory add-ons, what are the statutory add-ons? There are expenses associated with child care.
When the custodial parent is either working or going to school, that doesn’t mean that you have to pay for child care when the parent who has custody of the kids is going out on a date or on a weekend to go shopping, it’s for purposes of school or work, you will be required to pay for health insurance as well.
The children are required to be insured through health insurance, you are going to be required to pay for unreimbursed medical expenses, there is also a statutory add-on for purposes of enhanced educational experiences, what I always tell everybody when they come in and talk to us is that essentially if you have children enrolled in private school or preschool, the court is not going to require the kids to be taken out of preschool or private school, they’re going to keep them in that the scholastic environment.
While the case is pending, the kids are going to have as little impact on the divorce or separation as possible, the courts are going to make sure that they stay in place for that, your statutory add-ons are paid in a fashion that is proportionate to your income.
If you are the only one in the family that is making money, you’re going to have to pay a hundred percent, if you and the custodial parent are both making the same amount of money or both earning fifty-fifty, your expenses associated with it are going to be 50% for health insurance, unreimbursed medical expenses and child care.
The same goes for college education, oftentimes if there’s a divorce or you’re splitting up and the children are young, college expenses can be too speculative at that point in time, when they’re talking about that situation, if you have young children, if mother and father are both going to college, chances are the children are going to go to college.
What you should do is to talk about that and address it now rather than having to get back into court at a later point in time, when it comes to college expenses, there is a dollar-for-dollar credit on your basic child support obligations for expenses that you pay to a university for room and board, because basic child support is designed to pay for food, clothing and shelter.
If you’re paying for room and board at SUNY Buffalo or SUNY Albany or SUNY New Paltz, you’re essentially paying room, you’re paying for food and shelter for the child, so you’re going to get a dollar-for-dollar credit for that.
Most of the time the college expenses are going to be capped, the jargon term is the SUNY cap, that’s the prevailing rate at the State University of New York’s any other universities, the tuition of room and board is going to be like this unless you have a family where mother and father have both been going to an Ivy League school.
The expectations are that the children are going to go to an Ivy League school, your exposure for college expenses is generally going to be capped at whatever a state university is requiring to be paid, that would be proportionate to your income.
Those are the basics of your child support obligations, those are the basics of what you can anticipate you’re going to have to pay, it is your gross income not your net income, so you have to take that into consideration when you’re figuring out what your exposure is going to be.
Obviously if you have any questions, please give us a call, pick up the phone, come to see us, we’ll be happy to go over with you in detail.