The area of family law covers many different different areas such as divorce and separation, which often; include how child support payments are calculated. In Rochester, NY, Thomas A. Corletta, Attorney at Law assists clients with such important legal issues, including those related to divorce. As a trusted New York lawyer, he also provides information on state-specific laws regarding child support payments and how they are calculated. Because family law issues are complex, it’s best to work with a legal team that is well-versed in the laws of your state.
The Income Shares Model
New York is one of many states to utilize the Income Shares Model for calculating child support payments. The New York Child Support Standards Act has been the law in New York since 1989. The premise behind this law is that each parent should have the same financial responsibility for child rearing as they would if they still lived together. Accordingly, both parents’ incomes are pooled, and any expenses needed for children are based upon that, in order to simulate the same standard of living of an intact family unit.
How Income Sharing Works
Using each parent’s annual income, based on their most recent tax returns, payments are determined based on the projected cost of raising a child. For example, if the non-custodial parent earns slightly more than the custodial parent, he or she will be obligated to pay a higher percentage of costs related to child rearing. A pro rata approach is used. However, the court uses its discretion if this formula produces unjust results in certain situations. This occurs if a child has special needs for education or health reasons, or if the non-custodial parent suffers a financial setback. However, child support is based on ability to pay, not actual income, and courts are not bound by actual income or a party’s own account of his or her finances.
New York also uses the Noncustodial Parent Earned Income Credit. There are a few eligibility requirements to meet first, such as being a resident of the state. You must be current on all child support payments for that tax year, have a formal child support order for at least half the year, and have a child under the age of 18 that does not live with you. A family law attorney can help you determine whether you qualify for this credit.
With over 37 years of experience, Thomas A. Corletta, Attorney at Law helps local clients when up against complex family law issues. Call (585) 546-5072 for dependable legal advice from a trusted Rochester attorney. If you’d like more information on the full range of services, visit his website today.