Child Support Issues in New York
The Child Support Standards Act (CSSA) is the guiding statute within the Family Court Act for family court matters and domestic relations law for divorce matters. It establishes the formula and framework for determining the presumptive amount of child support that the noncustodial parent must pay to the custodial parent when they are no longer living together. At the ARQUETTE LAW FIRM, PLLC, we proudly share reliable legal information about the Child Support Standards Act and child support issues in New York’s Capital District and the rest of the state.
What Child Support Is
Child support consists of several mandatory forms of payment to financially take care of a divorced or separated couple’s child(ren). These forms of payment include basic child support, health insurance for the child (medical support), payment for uncovered medical and health-related expenses, and payment for child care.
The Significance of Legal Counsel for Separation Agreements
The amount of basic child support is influenced by several factors, including:
- Income of Both Parents
- The Number of Children Requiring Support
- Whether Spousal Maintenance Is Also Ordered
- Whether the Noncustodial Parent Is Also Paying Child Support for Other Children
Child Support Resources
The New York State Office of Temporary and Disability Assistance provides resources and answers about child support on its website (http://www.childsupport.ny.gov/dcse/home.html). This state agency oversees the Child Support Enforcement Program and Support Collection Unit in every county across New York State and New York City.
Complexities in Child Support
Child support issues can often become much more complicated than simply plugging in numbers to the Child Support Standards Act formula. For example, the Child Support Standards Act establishes an income cap. If the parents’ income exceeds the statutory cap, child support on income over that statutory cap may not be subject to the statutory percentages. Likewise, the Child Support Standards Act formula may not be applied if the noncustodial parent’s income falls below the poverty level or self-support reserve.
In the event that the parents have a 50/50 shared physical custody schedule, it is presumed that the Child Support Standards Act formula would apply. However, the parents should seek competent legal advice to determine whether they may be eligible for a deviation from the Child Support Standards Act application.
Child Support Modifications
Child support may be modified if the parents have a basis, under the law, for seeking such a modification. The modification standards include the following:
- Proof That a Parent Has Experienced a Substantial Change in the Circumstances of Their Life
- At Least Three Years Have Passed Since the Child Support Order Was Entered or Last Modified
- When the Parent’s Gross Income Has Increased or Decreased by at Least 15% Since the Child Support Order Was Entered or Last Modified
Parents may choose to opt out of the last two bullet points and only allow for a modification where there has been a substantial change in circumstances.
Importance of Legal Representation
Deviations from the Child Support Standards Act may result in harsh results for the custodial and noncustodial parent. Failure to pay child support can lead to substantial consequences for the paying parent.
Given the complexities and potential consequences associated with child support issues in New York, having an experienced attorney at every stage of the child support proceedings is important. A skilled lawyer can help preserve and protect your rights and work toward a fair and appropriate support settlement for both parents and child(ren).
Request a Consultation
When you need legal assistance with child support issues, please schedule a confidential consultation with our experienced attorney. We look forward to helping you.