How much is child support in new york state

NYS DCSS | Custodial Parent Information

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Custodial parents are often the first to need information about child support services.

The following links provide the information most often requested by custodial parents.

What is child support?
What is the Child Support Program?
Who can apply for child support services?
What services does the Child Support Program provide?
Is there any charge for child support services?
How is the amount of support decided?
What information is needed to open a case?
What if the custodial parent moves?
How do I contact my local child support office?

The following videos are available on YouTube:

What You Need to Know about Child Support Hearings and Services, 20 minutes
Explains what you should bring with you to a child support hearing, what to expect during the hearing, and what to do after you receive a child support order
Acknowledgment of Parentage in New York, 11 minutes
Explains when parentage needs to be acknowledged, what signing a voluntary Acknowledgment of Parentage form means, and who should (or should not) sign this form
Reconocimiento de paternidad en Nueva York, 11 minutos
Este video informa a los padres de los beneficios de establecer la paternidad y proporciona información sobre los derechos y las consecuencias vinculadas a la firma de un AOP
Completing the Acknowledgment of Parentage Form, 9 minutes
Explains how to complete and file a voluntary Acknowledgment of Parentage form
Completar el formulario de reconocimiento de paternidad (AOP), 9. 5 minutos

What is child support?

Child support is financial support provided by the noncustodial parent. Child support includes

Cash payments (based on the parent's income and the needs of the child)
Health insurance for the child (medical support)
Payments for child care, and
Payments for reasonable health care costs that are not covered by health insurance.

Family Court officials (Support Magistrates)determine the amount of child support the noncustodial parent will pay (see how much, below). Under New York State law, parents are responsible for supporting their child until the child is 21 years old.

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What is the Child Support Program?

Every state in the United States has a child support program, and many foreign countries have one also. The Child Support Program began in 1975, when Congress passed Title IV-D of the Social Security Act. Title IV-D required every state to

Establish and maintain statewide child support enforcement laws
Provide procedures to establish legal parentage and to obtain court orders for child support
Collect and distribute child support payments, and
Enforce child support orders when payments are not made.

In New York State, child support services are provided by Child Support Enforcement Units (CSEU) and Support Collection Units (SCU) in every county and in New York City.

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Who can apply for child support services?

Any parent, guardian, caretaker of a child, or child who needs support can apply for child support services.

Please note that anyone who applies for temporary or safety net assistance automatically receives child support services.

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What services does the Child Support Program provide?

The Child Support Program offers the following services:

Locating Non-Custodial Parents
The Child Support Program can use federal, state, and local resources and information to help locate the noncustodial parent.
Establishment of Parentage
Establishing parentage is the process of determining the legal parents of a child. Being the legal parent means that the parent has parental rights and responsibilities to the child, such as the right to seek custody or visitation and the responsibility for the child's care and support, including financial and medical support. See the Establishment of Parentage page for detailed information about becoming a legal parent.
Support Establishment
The Child Support Program can help a custodial parent file a petition in Family Court for an order of support.
Support Collection
A child support order directs the noncustodial parent to pay child support to the Support Collection Unit (SCU). The SCU collects, tracks, and disburses payments to the custodial parent. However, if the custodial parent is receiving temporary or safety net assistance, all but the first $200 of current child support payments is sent to the Department of Social Services as reimbursement for the assistance.
Support Enforcement—Administrative
Federal and New York State laws require the local CSE unit to enforce a child support order when the noncustodial parent does not pay. Administrative procedures are actions the CSE unit can take without going to court.
The SCU will enforce a child support order automatically through payroll deductions. The SCU can also collect unpaid support by taking State and federal income tax refunds and lottery winnings; seizing assets—including bank accounts; suspending driver's licenses; suspending or denying passports; and notifying credit reporting agencies of overdue child support payments (arrears). The SCU can also refer the case for collection to the New York State Department of Taxation and Finance.
Support Enforcement—Court
When administrative enforcement is not successful, the SCU will assist in filing an enforcement petition with the family court. The court can order money judgments for the arrears; order the noncustodial parent into a work program; order that a hearing take place to suspend state-issued business, professional, or occupational licenses; or issue probation or jail sentences.
Medical Support Establishment and Enforcement
Child support services also include obtaining and enforcing court-ordered health insurance for children. If an existing order does not include health insurance coverage, the Child Support Program will help file a petition with family court to get health insurance included in the support order.
Review and Adjustment of Child Support Amounts
The amount that is owed for child support may be changed over time based on a cost of living adjustment.
Every two years the Child Support Program automatically reviews each child support order to determine whether the amount to be paid should be increased due to cost of living increases. Cost of living adjustments can be made without going to court.
For non-temporary assistance or non-safety net assistance cases, a notice is sent to both parents when a case is eligible for a cost of living adjustment, and either parent may request the adjustment. When the custodial parent or child is receiving temporary or safety net assistance, the cost of living adjustment is automatically made when the case becomes eligible—without either parent requesting the adjustment.
Modification of Child Support Orders
If either the custodial or noncustodial parent's circumstances change significantly (such as loss of job, change in custody of a child, etc.), the Child Support Program can help the parent file a petition in family court to request a modification (change) to the existing child support order.

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Is there any charge for child support services?

The annual service fee is now $35 and will be applied after more than $550 of support is collected and paid to the family.

Custodial parents may be charged a service fee once a year. The fee applies only when all these conditions are met.

The custodial parent has never received assistance through the Temporary Assistance for Needy Families program (TANF).
Child support is being paid to the family.
More than $550 of support is collected and paid to the family during the federal fiscal year (October 1–September 30).

For more information, visit the service fee questions and answers page.

Legal services are available on request. Costs for legal services will be collected from clients who are not receiving public assistance benefits.

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How is the amount of support decided?

The court uses a standard guideline to calculate what the noncustodial parent will pay, based on the noncustodial parent's adjusted gross income and on the number of children involved. The court first determines the noncustodial parent's gross income, and then makes certain deductions (including Medicare, Social Security, and New York City or Yonkers tax) to establish the noncustodial parent's adjusted gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:

17% for one child
25% for two children
29% for three children
31% for four children
at least 35% for five or more children.

Then the noncustodial parent's share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.

For the combined parental income amount over $163,000, the court may consider either the standard guideline percentages and/or other factors in setting the full child support obligation.

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What information is needed to open a case?

When custodial parents call or visit their county child support agency, they should provide as much information about themselves, their child(ren), and the noncustodial parent as they can. The more information custodial parents can provide, the more quickly their child support agency can assist them.

Information about the noncustodial parent:

full name and date of birth
current or last known address and phone number
current or last known work address and phone number
Social Security number (look on old pay stubs, tax, military, or medical records)
income information (tax records, pay stubs, bank and business records)
health insurance information

Other helpful information:

acknowledgment of paternity/parentage or order of filiation or judgment of parentage for each child
marriage license
divorce decree or separation agreement
copies of child support orders
custodial parent's income information (tax records, pay stubs, bank records)
information about child-related expenses and the child's needs

Information about the child(ren):

birth certificate
Social Security number
health insurance coverage information
current or last known address (if different than custodial parent's)

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What if the custodial parent moves?

If a custodial parent moves while receiving child support services, the parent must notify their county child support office of any change in home and/or mailing address, telephone number, or personal information, such as name or Social Security number. Otherwise, support payments and other important notices may be delayed or lost.

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How do I contact my county child support office?

Get the address and telephone number of your county child support office. Most offices are open Monday through Friday, 9:00 AM to 4:00 PM.

Child Support Calculator NY | Calculating Child Support in NY

By Sari M. Friedman, Legal Counsel
Fathers' Rights Association – NYS & Long Island

In New York State, who pays child support in a 50/50 joint custody arrangement since there there is no one "custodial parent"? Generally, the lower-earning parent will be treated as the “custodial parent” and the higher-earning parent will end up paying child support. Continue reading for more details about child support in NYC, Long Island, and all of New York.

In an earlier article we wrote about the Court of Appeals decision in Bast v. Rossoff 91 N.Y.2d.723. In this case, the Court held that shared custody arrangements do not alter the scope and methodology of the Child Support Standards Act (CSSA).

The act, passed in 1989, states that the three-step statutory formula for calculating NY child support must be applied in all shared custody cases.

How Much Is Child Support in NY?

New York State child support is calculated using the NY child support calculator formula. NYC.gov also has an online NY child support calculator. You can use their child support calculator to help you get an idea of how much child support may be required for your case in NY.

The three-step formula for calculating NY child support is:

Calculate the combined income and each parent's pro-rata share of the same
Use the correct percentage of total income CSSA says should be devoted to child support:
1. 17% for one child
2. 25% for two children
3. 29% for three children
4. 31% for four children
5. 35% for five or more children
Calculate each parent's share thereof.

The non-custodial parent is directed to pay a pro-rater share of the child support obligation unless the court finds the amount to be unjust or inappropriate based on consideration of specified factors in Section F of CSSA.

The problem is that Bast (in Bast v. Rossoff) does not specifically address how to apply the CSSA in cases of equal shared custody. Indeed, the Bast case did not recognize cases of equal shared custody.

In Equal Shared Custody, Who Is the Custodial Parent?

The Appellate Division, 3rd Department did address the shared custody issue in Baraby v. Baraby 250 A.D 2d 2201, and the Appellate Division, 4th Department addressed it again in Carlino v. Carlino 277 A.D. 22d 897.

In Baraby, the third department stated the parent with the larger income would be deemed the non-custodial parent for purposes of calculating support under CSSA. The parent with the non-custodial designation must be directed to pay his or her pro rata share of the child support obligation to the other parent unless the statutory formula yields a result that is unjust or improper. In that situation, the trial court can resort to the "Paragraph F" factor in CSSA and order an amount that is just and appropriate under the circumstances.

The 4th department in Carlino, citing the Baraby case, which said in a 50/50 shared custody arrangement, if the parent with the larger income demonstrates that expenses incurred in having equal time substantially reduces the cost the parent with the lesser income has to bear as non-custodial parent, then the court should find that it would be unjust or inappropriate to award the statutory amount. Instead, the court should determine a proper support amount based on the specific expenses and the degree such expenses have been substantially reduced as a result of the time spent with the non-custodial parent. That court, as in Baraby, also remanded the case to the Trial Court for a hearing to calculate support in accordance with its decision. It found the Trial Court record lacked sufficient requisite information necessary to make the calculation.

What Does This Mean To You?

If you live in New York State in the first or second Judicial Department, chances are the principles laid out in Baraby as well as in Carlino will be adhered to. This further means that if you are the larger wage earner and thus the non-custodial parent for purposes of CSSA in a case of equal time, then you should be prepared to demonstrate how your time with the child reduces the custodial parent's expenses for things such as, but not limited to, food, electricity, telephone, transportation, entertainment, etc.

Prior to these decisions, Bast made clear the statutory formula should be applied and courts were quite reluctant to deviate from the Act on the principle of "unjust or inappropriate". These two cases may well have provided a platform for arguing that people with close to 50/50 time should obtain the same treatment of analyzing to what extent the custodial parent's expenses are reduced by the substantial time the non-custodial parent spends with the child.

What If You Do Not Have 50/50 Time, but More Than Standard Visitation Time?

The unknown question at this point is how far the New York courts, as a parochial matter, will extend their willingness to deviate from CSSA based upon the time each parent spends with the child. An environment has been created where individual treatment of each case, based on its unique set of acts, has been discouraged in favor of applying a uniform standard.

Sari Friedman

Request a Case Evaluation

Up to this point, courts have been reluctant to find that the statutory formula produced a result that is unjust or improper, and therefore, to permit deviation. The Baraby and Carlino cases would re-encourage a case by case analysis by the trial courts based upon the sensitivity of its own individual facts. This possibly results in a wide variance of case decisions because of un-uniform discretion applied by different judges. Elimination of this discretion was what was originally sought when CSSA was enacted. It was felt that there should not be similar cases decided differently because two different judges chose to exercise discretion differently

Conclusion

Hopefully, we are coming full circle with Baraby and Carlino in recognizing that justice cannot be dispensed without consideration of the individual facts of each case. The CSSA Act was passed when most men were the sole or primary wage earners. It does not recognize the two wage earner household where wives may indeed earn as much as - or more - than their husbands. New arguments and decisions on this issue will help to change the current standard rules to conform to current societal practices. Until then, you and your attorney will have to work to establish these changes. The good news is that you can.

Call Friedman & Friedman at (516) 688-0088 for further information about New York State child support or divorce.

Alimony lawyer in New York. Alimony for the maintenance of a child

Today, in all states, the procedure for assigning amounts for the maintenance of a child (alimony) is established by law.

How child support is determined

To avoid prejudice and to protect the equal rights of children, the federal government has established child support guidelines that are mandatory for all states. States, in turn, have the right to make more specific recommendations to the established principles.

Income

One of the main guidelines for determining child support is income. This takes into account the gross or net income of both parents, and from the percentage is calculated the amount that each parent must pay as alimony.

Deductions

If one of the parents has already been ordered by the court to pay child support and he pays it regularly, then the amount of this child support is subject to deduction when determining his income for the purposes of determining the amount of new support. However, this rule is valid only for the establishment of new alimony, it is not possible to revise the previous established amount of alimony taking into account new alimony.

Childcare expense

The government also determines the amount that parents must spend on childcare. Usually, this amount is calculated taking into account the mandatory taxes that the parent pays. However, some states provide benefits to parents who pay child support and exempt them from taxes on their income.

Health care expense

Among other things, when determining the amount of child support, great attention is paid to the coverage of the child's health insurance. When support is approved, the amount needed to pay off health insurance is included in the main amount of support. Some states also account for emergency medical expenses as well as incidental medical expenses.

Other expenses

The amount of support can also be increased taking into account other expenses. Other expenses usually include specific expenses that are specific to each individual case. Such expenses include the cost of educating children with disabilities or gifted children. Usually such expenses are divided between the parents proportionally and are included in the amount of alimony.

Shared Custody and Visitation

The judge tries to take into account the time the child spends with either parent when setting the amount of child support. The more a parent is allowed to spend with a child, the more child support is awarded. For example, if the child is assigned joint custody, the amount of child support will be significantly less than if the child has a single guardian for short visits.

The use of guidelines in determining the amount of alimony is not only aimed at protecting the rights and interests of children, but also calculated on the fair distribution of material responsibilities between parents. However, there are situations in which the amount of the established support exceeds or, conversely, falls below the amount determined by the guidelines. In this case, litigation is required to establish mitigating factors.

Our law office will provide you with quality legal assistance in all matters of family law.

Pay attention to important information in the “family law” section

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