Child support is a critical issue for many families, and the system in New York City can be complex. Understanding your rights and responsibilities is essential whether you're paying child support or receiving it.
Below are the top FAQs we receive about child support in NY, covering everything from remarriage to tax considerations, high net worth cases, and more. For a more indepth overview, check out our new book, Cracking the Custody Code.
Q: How is Child Support Calculated in New York City?
Parents have a legal obligation to financially support their children up to a certain age. Payments are intended to cover housing, food, clothing, education, medical care, special needs, and other essentials. In New York, the court typically determines the amount and calculates it based on a percentage of the non-custodial parent's income according to the Child Support Standards Act (CSSA).
The percentage varies depending on the number of children involved:
- 1 child: 17%
- 2 children: 25%
- 3 children: 29%
- 4 children: 31%
- 5 or more children: 35% or more
Additional factors such as the child's needs, the parents' incomes, and other special circumstances may influence the final amount.
Q: Do Parents with Joint Custody Still Pay Child Support?
Yes, even parents with joint custody may be required to pay child support. The amount depends on the relative income of both parents, and it is meant to ensure that both parents contribute fairly to the child's living expenses.
Q: Can Child Support Be Increased if One Parent's Income Increases?
Yes, if the non-custodial parent's income increases significantly, the other parent can petition the court for a modification of the child support order. Conversely, if the custodial parent's circumstances change, the non-custodial parent can also seek a reduction. Likewise, a reduction in income may result in a reduction in support. However, voluntary unemployment or underemployment typically won't lower child support costs.
Q: How is Child Support Calculated When One Parent Is Unemployed?
If one parent is unemployed, the court will still calculate child support based on that parent's potential earning capacity, not just their actual income. This approach aims to prevent parents from avoiding their support obligations by not working.
Q: What Happens if a Parent Doesn't Pay Child Support?
Failure to pay child support can lead to legal consequences, such as wage garnishment, tax refund interception, property liens, or even imprisonment in extreme cases.
Q: How Does Child Support Work When Parents Live in Different States?
Child support can still be enforced when the parents live in different states. The Uniform Interstate Family Support Act (UIFSA) allows for interstate enforcement of child support orders. If the state with jurisdiction over child support changes, the terms and payments may change to follow that state's law. Since child support payments and conditions can differ dramatically across the country, it's important to get legal advice to understand what risks you may face.
Q: Can I Be Ordered to Pay Child Support After My Child Turns 18?
In New York, child support generally ends when the child turns 21 unless the child has special needs. Even in states where child support ends at age 18, support can extend beyond 18 if the child is still in high school or if the parents have agreed to support the child for a more extended period.
Q: How Does Remarriage Affect Child Support in New York City?
A parent's remarriage does not directly affect child support. Typically, if one parent remarries and stops working to stay at home and rely on their new partner's income, that parent will continue to owe the initially ordered child support amount and cannot receive a decrease.
However, if the remarriage results in the birth of a new child, the amount of support could decrease. Judges may consider the family resources available to support that new child and look at both parties' and spouses' incomes to determine whether a child support modification is appropriate.
Q: What if My Ex is Hiding Assets to Avoid Paying Child Support?
If you believe your ex is hiding income or assets to avoid paying child support, you can request a financial review and investigation through the court system. Failure to report income accurately is considered fraud, and the court can impose penalties.
Q: Does A High Net Worth Affect Child Support Rulings?
Courts typically want to ensure that children maintain a lifestyle similar to the one before divorce. The court may deviate from standard CSSA child support guidelines for high-net-worth New York families and consider numerous factors, including assets, income, expenses, and lifestyle, in calculating child support amounts.
Q: Can I Use Child Support Payments to Cover College Costs?
Child support typically only covers college tuition or other post-secondary expenses if explicitly written into the child support agreement which goes until 21 by statue and 22 by agreement if a child is in college on his/her 22nd birthday (whichever comes first). In New York, parents are not automatically required to contribute to college costs, but they may do so voluntarily or by court order.
Q: Can A Parent Be Ordered to Pay Private or Boarding School Costs?
Yes, a court can order a parent to contribute to private or boarding school costs, particularly if the child was already attending such a school before the divorce or separation. The court will examine whether the situation is in the child's best interests. However, the parent's financial situation and ability to pay are also considered.
Q: What Happens If I Can't Afford Child Support Payments?
If you're struggling to make child support payments, it's essential to petition the court for a modification. The court may adjust the amount if your financial circumstances have changed, such as losing your job or experiencing a medical crisis.
Q: How Does Child Support Affect Taxes?
Child support has no real direct impact on taxes. Child support is not taxable or deductible. Recipients cannot claim child support as income, and payees cannot claim child support as a deduction. The deduction goes to the custodial parent or parent with whom the child lives most of the time. However, in some cases, you can modify who gets to claim the child as dependent to better suit your needs.
If you have questions about New York child support or custody, contact the Bikel Rosenthal & Schanfield New York Custody Lawyers at 212.682.6222 or Connect Online. We are here to help.