Brooklyn, NY – When one parent does not have custody of their child, they are required to make payments to the parent with custody to help support the best interests of the child. New York, like most other states, has a standard formula based on income that is used to determine how much the non-custodial parent will owe. This method is favored in many states because the support amount is supposed to be sufficient to both care for the child and leave the parent with enough of their income for their own expenses.
The purposes of child support
Paying child support is ordered by a court for a number of different reasons. It helps even the financial burden of raising a child between two parents. There is a legal standard called the best interests of the child that is relevant to child custody and support issues. Judges try to apply this standard to ensure the child’s health, safety, and educational needs are met. Financial stability is another important factor that is considered as a reason for child support, as having a stable environment at home is crucial to normal development.
Formulas based on income
The formula used by state courts starts at 17% of the non-custodial parent’s income after deductions for one child. This amount increases gradually if there is more than one child, however it cannot exceed 35% total even if a couple has several children. This is not total income, but rather adjusted income that allows for certain deductions based on things like government assistance, taxes, and alimony or child support payments made to a separate family. There can be some deviations or modifications at a later date, however the court will need to make a specific finding as to why a deviation would be necessary. This is usually only done if the child has special needs or significant healthcare expenses.
Legal assistance during custody and support hearings
Because judges do have some discretion regarding child custody and support issues, it is important for anyone attending these hearings to have legal help to get the best outcome. This is especially true if the opposing side is represented. An attorney can help prevent an unfair outcome and address other issues that may not be obvious to the litigant. When a hearing related to child support is scheduled, anyone who needs representation can get specific information about their case.
New York family attorneys
Elliot Green Law Offices handles various kinds of family law cases in the Brooklyn area. Anyone who needs help with a divorce, child custody hearing, alimony payments, or child support issues can get in touch with the firm to learn more.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201