When you and your spouse decide to divorce in Nassau or Suffolk County, 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. This is because, in New York, including Long Island, the higher-earning parent is generally required to pay a larger share of support, though both parents are required to contribute financially. If you need help ensuring your children are taken care of, keep reading to learn how a Long Island child support lawyer can guide you through the process.
How Is Child Support Determined in New York?
In New York, child support is determined through 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 in accordance with the Child Support Standards Act.
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 $25,500 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.
New York Child Support Percentages
- 1 child: 17% of combined parental income
- 2 children: 25%
- 3 children: 29%
- 4 children: 31%
- 5 or more children: at least 35%
Key Factors That Influence Child Support Payments
- Each parent’s income and financial resources, including investments, income generated from rental properties, and bonuses
- The custody and parenting time schedule
- The child’s medical, educational, and developmental needs
- The standard of living established during the marriage
- Tax implications
- Each parent’s earning capacity (not just the income they bring in)
- Any additional, extraordinary expenses
Does the Higher-Earning Parent Always Pay More on Long Island?
In most instances, yes, the higher-earning parent will be awarded a larger share of the child support. This is because payments are proportionally calculated based on income. However, paying a larger share does not mean that the other parent is absolved of their financial obligation to support the child.
When the Higher-Earning Parent Pays More
- Child support is divided proportionally based on each parent’s income and resources
- The parent who earns more generally contributes a higher percentage of support
- The court’s goal is to maintain the child’s standard of living
- Additional income, like bonuses and investments, may be included in the calculation
When Both Parents Must Contribute Financially
- Both parents have a legal obligation to support the child financially
- Earning a lower income does not remove a parent’s financial responsibility
- Courts assume both parents would make financial contributions if they were married or still in a relationship
- Even custodial parents contribute to the child through daily expenses
What Happens if My Ex Stops Paying Child Support?
If your ex-spouse has stopped making their child support payments in Nassau or Suffolk County, it’s important to document the missed payment and contact your attorney as soon as possible. Your attorney can then contact the court to seek an enforcement for their violation of the divorce decree.
New York Enforcement Options
- Wage garnishment (income withholding)
- Suspension of driver’s or professional licenses
- Seizure of tax refunds
- Property liens
- Contempt of court proceedings
- Potential jail time for serious and repeated non-compliance
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 extracurricular activities 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.
Contact an Experienced Long Island Custody Attorney TOday
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.
