Sometimes the most basic aspects of a child support case are the most confusing. For noncustodial parents in New York State who have been ordered to pay child support, they might not understand how the amount is determined and why. This is essential in any case and the custodial and noncustodial parent should understand it completely. There are certain child support guidelines that the state uses to determine what is paid. This is based on how much the person earns per year. Based on the law, the noncustodial parent will not be ordered to pay an amount that is unfair.
Noncustodial parents must make their child support payments. They might owe for the past as well, going back to the time when the child was born. The child's medical needs, costs for child care and education must all be paid for. A noncustodial parent who can provide health insurance to a child through an employment-based program must do so provided it is of reasonable cost and accessible for the child. To decide on how much will be paid, the court will look at the noncustodial parent's adjusted gross income and how many children will be supported. Deductions for certain factors such as Social Security and Medicare will be made. This will help to calculate the adjusted gross income.
The state uses the following percentages: one child will be 17 percent; two children will be 25 percent; three children will be 29 percent; four children will be 31 percent; and five or more children will be at least 35 percent. This does not calculate other costs like those mentioned above: medical, educational and child care. Other factors can be relevant such as if the parents earn more than $141,000 or if the income falls below the federal poverty line.
Noncustodial parents are obligated to make their child support payments even if they have lost their job, are on disability or are getting workers' compensation. Failing to pay child support on time and in full can lead to a whole host of legal problems for the noncustodial parent and issues for the custodial parent and child who are expecting the support. For noncustodial and custodial parents who have questions or issues with the costs associated with raising a child and child support, a legal professional experienced in these cases can be of assistance.
Source: childsupport.ny.gov, "Noncustodial Parent Information -- How much will I have to pay for child support?," accessed on May 30, 2017