When you and your spouse decide to divorce, there are many challenges that come with this situation. One of the most contentious issues for many is how much child support the non-custodial parent will owe. Similarly, many parents who make higher incomes are often required to pay more towards child support since they have more earnings. If you need help ensuring your children are taken care of, keep reading to learn how a Nassau County child support lawyer can guide you through the process.
How Is Child Support Determined in New York?
In New York, child support is determined by a preset calculation of both parents’ incomes. Then, the earnings are multiplied by the percentage per child that is predetermined by the state. This determines the child support obligation amount.
However, the state will also consider how much your percentage of earnings contributes to the combined amount. You will be required to pay support based on the amount you supply to the total parental income.
For example, if Parent A makes $50,000 per year and Parent B makes $150,000 per year, that is combined to create $200,000 of total parental income. For one child, you will need to provide 17% of your yearly combined income for your child. To calculate the obligation, you multiply the total parental income by the percentage assigned to the number of children. In this example, 200,000x.17=34,000. However, because Parent A is responsible for 25% of that income, they will only need to pay $8,500 towards support, while Parent B would pay $25,5o0 since they contribute to 75% of the income.
Generally, the custodial parent is assumed to use their payment directly on the child’s expenses, while the non-custodial parent will need to make payments.
Do I Need a Lawyer?
When it comes to child support payments, ensuring you have the assistance of an attorney is essential. After all, you don’t want your child to suffer as a result of your ex-spouse refusing to pay their legally determined share of the support.
Also, your lawyer can help you work with your ex-spouse’s attorney to create a plan that helps cover expenses that aren’t legally obligated. For example, if your child participates in extracurriculars or attends camps, you should draft an agreement to ensure your spouse is contributing to those expenses. If you cannot come to an agreement, a judge will provide a court order.
If your ex-spouse stops making payments, you’ll want to contact your attorney as soon as possible. The attorney can contact the court with the evidence they are breaking the court order and request enforcement.
At Barrows Levy, we are determined to help ensure your child’s well-being is prioritized during child support disputes. We will guide you through the entire process of determining child support to ensure payments are fair and just. Reach out today so we can learn more about your circumstances.
