In New York child support is usually paid by the non-custodial parent for the support, maintenance and education of the children. Voluntary gifts, clothes, transportation, vacation expenses or rent for the benefit the child may not be considered "child support". The custodial parent is not usually required to account for the child support in New York State.

Child support stops when a child reaches the age of 21 or is earlier emancipated. The parents may agree to support their children beyond the age of 21, for example, until the children graduate from college.New York State Child Support Standards Act Guidelines: Child support in New York is calculated pursuant to the New York Child Support Standards Act ("CSSA") (Domestic Relations Law §240(1--b) and Family Court Act § 413(1)(b)).

The guidelines contains tables which consider the gross incomes of both parents and appropriate deductions. The "basic child support obligation" is calculated by multiplying the "combined parental income" by the appropriate "child support percentage." "Income" is defined as "gross income as was or should have been reported on the most recent federal income tax return" less deductions for social security and New York City and Yonkers income taxes."

The "child support percentage" is fixed as follows:
a) 17% of the combined parental income for one child;
b) 25% of the combined parental income for two children;
c) 29% of the combined parental income for three children;
d) 31% of the combined parental income for four children; and
e) no less than 35% of the combined parental income for five or more children.

In addition to ordering the payment of child support, the Court can order the non-custodial parent to pay his\her pro rata share of the child's future reasonable health care expenses not covered by insurance and the reasonable child care expenses when the custodial parent is working or attending school. The Court also has discretion to order the non-custodial parent to pay the costs of present or future private, special or enriched education for the children.

Enforcement of Child Support in New York: When the non-custodial parent refuses to pay child support, a court order or judgment for support may be enforceable by means of garnishment, wage deduction, income execution, liens on property or contempt. In New York child support arrears are not dischargeable in bankruptcy.

Modification of Child Support in New York: Until each child is emancipated, the court has the power to modify custody, visitation and child support in the event of a demonstrated change in circumstances. The modification could result in a change of custody or visitation, or an increase or decrease in the support obligation. Remarriage of either parent does not automatically result in a change of circumstances. In New York, a child is emancipated when he or she marries, joins the armed services.

Ingrid Gherman, P.C.

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New York, New York 10007

Phone: (212)941-0767

Ingrid Gherman, Esq. - family, matrimonial attorney and divorce lawyer in New York, NY, Manhattan and greater New York City area

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