Divorce can be an incredibly emotional period for everyone involved, including the children shared by the couple. As such, taking the necessary steps to help your child through this confusing and complex process is critical to ensure they have an outlet to talk and obtain the resources they need to navigate these matters. However, one question many parents have is whether or not their child’s therapy expenses are factored into child support. If this represents your circumstances, the following blog covers what you should know, including the importance of working with a Long Island child support lawyer to discuss your legal options.
How Is Child Support Calculated and What’s Included?
In New York, child support is calculated in accordance with the Child Support Standards Act, which includes a simple formula to determine the base amount. As such, the court will combine the gross income of each parent and determine the percentage of support based on how many children the couple has. For one child, this is 17% of the combined income, with the percentage increasing based on how many children they share. Once the percentage is determined, the court will calculate its pro-rata share. For example, if one parent makes 60% of the combined income, they will be responsible for 60% of the child support. It’s also important to understand that the courts will take parenting time into consideration in this process.
You should also familiarize yourself with the expenses that are covered by child support. In New York, this includes the basic needs of the child, like food, shelter, and clothing. However, you’ll also find that child care (if both parents work), educational needs, extracurriculars, medical care, and health insurance may also be included in this cost as add-on expenses.
Is a Child’s Therapy Included?
While medical care is generally considered an add-on expense that is almost always factored into child support costs, it’s important to understand if therapy is covered. Generally, if the therapy is deemed medically necessary, meaning it is prescribed by a healthcare professional, it can be included in the cost of medical care, and thus, the non-custodial paying parent would be responsible for contributing to the cost of care. Additionally, if both parents agree that the child should be in therapy, this can be included in the divorce decree as both parents consent to the treatment and wish to share the expenses.
If the parents cannot agree on whether or not this expense should be included, the court will examine a number of factors, including whether or not is has been recommended for the child and if the expenses are reasonable.
As you can see, navigating child support matters can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney at Barrows Levy PLLC to assist you during these complicated matters. Our firm will do everything in our power to help you fight for the best possible outcome for your family. Contact us today to learn how we can assist you.
