How Do New York Courts Make Child Support Decisions?

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Unfortunately, child support is one of the most contested divorce-related issues. Whether you believe you are being asked to pay an unfair amount of child support or you believe you are entitled to receive child support, you should be prepared with what to expect from the New York courts. Follow along to discover how an experienced Nassau County child support lawyer at Barrows Levy PLLC can be your advocate through every step of the lengthy legal process ahead of you.

What factors do New York courts consider when making child support decisions?

The New York courts will consider various factors when settling a child support agreement. But ultimately, they will turn to the New York Child Support Standards Act. This act seeks to fairly and justly determine the financial cost of raising a child. So, the court will take a percentage of the combined income between you and your spouse of up to $148,000. Then, they will proportionally distribute the support between you and your spouse. It is important to know that depending on the number of children you and your spouse have, the percentages will vary. They are as follows:

  • One child: 17 percent.
  • Two children: 25 percent.
  • Three children: 29 percent.
  • Four children: 31 percent.
  • Five or more children: at least 35 percent.

How do New York courts determine child support decisions?

On top of utilizing the New York Child Support Standards Act, the New York courts will consider a range of additional factors when determining child support. This is done on a case-by-case basis because, ultimately, their goal is to ensure that your child or children maintain their standard of living.

With that being said, the New York courts will consider the following factors when determining child support decisions:

  • Tax consequences.
  • Your child’s or children’s ages and health.
  • Your child custody agreement.
  • Your child’s or children’s education.
  • Your and your spouse’s education and earning capacity.
  • Your and your spouse’s yearly income.
  • Whether your child or children have any special needs.
  • The overall cost of raising your child or children.
  • Whether you or your spouse has any debts or liabilities.

Importantly, the New York courts will take into consideration any additional factors that they deem relevant to reach a child support settlement agreement. If you are seeking child support or if you will likely be paying child support, do not hesitate in reaching out to a skilled Nassau County family law attorney who is prepared to assist you.


If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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