The Child Support Standards Act establishes how child support obligations should be calculated in the state of New York. Although there is little room for negotiating when it comes to child support, a family law attorney can still guide you through every step of the proceedings and ensure you do not end up overpaying the custodial parent or collecting less from the noncustodial parent than what you deserve.

How Does the State of New York Calculate Child Support?

Fixed Percentage System

To calculate a noncustodial parent’s basic child support obligations, the court multiplies the combined gross income of both parents by a fixed percentage that corresponds to how many children they share. These percentages are as follows: 17% for one child; 25% for two; 29% for three; 31% for four; and at least 35% for five or more. The court takes this number and multiplies it by the noncustodial parent’s share of the combined income.

For example, if the mother, who is the custodial parent, makes $30,000 per year after applicable deductions and the father makes $50,000, their combined income would be $80,000. Since the father makes 5/8 of their combined income, he would be responsible for 5/8 of the child support obligation. Thus, if the couple had two children, they would use the fixed percentage of 25% to determine a fair amount. This works out to $20,000, or 25% of $80,000. As the noncustodial parent, the father would have to pay 5/8 of $20,000 per year, or $12,500 annually, which works out to $1,042 per month.

When the System Does Not Apply

If the couple makes more than $80,000 in combined income per year, the court can depart from the fixed percentage method and determine a fair child support arrangement outside of the above constraints. Regardless of total income, the court can also order the noncustodial parent to cover costs like health care in addition to making monthly child support payments.

If you are facing a contentious custody battle in Rochester, NY, and you want to reach a fair child support arrangement, contact John D. Wieser, Esq., PC. Attorney Wieser and his compassionate team are here to help and give you solid insights to pursue your case. To learn more about the services he provides, visit his website. You can schedule an initial consultation by calling (585) 328-0660.