Child support is financial support provided by the non-custodial parent. Child support includes
Cash payments (based on the parent's income and the needs of the child)
Health insurance for the child (medical support)
Payments for child care, and
Payments for reasonable health care costs that are not covered by health insurance.
Family Court officials (Support Magistrates) determine the amount of child support the non-custodial parent will pay . Under New York State law, parents are responsible for supporting their child until the child is 21 years old.
The court uses a standard guideline to calculate what the non-custodial parent will pay, based on the non-custodial parent's adjusted gross income and on the number of children involved. The court first determines the non-custodial parent's gross income, and then makes certain deductions (including Medicare, Social Security, and New York City or Yonkers tax) to establish the non-custodial parent's adjusted gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:
17% for one child
25% for two children
29% for three children
31% for four children
at least 35% for five or more children.
Then the non-custodial parent's share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.
For incomes over $80,000, the court determines whether or not to use the percentage guidelines and may consider other factors in setting the full child support payment.
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