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Divorce and Child Support Lawyer Buffalo NY

How much will be paid for Child Support in New York State?

The Child Support payable in New York State can sometimes be difficult to calculate (see my calculator link below), but is usually paid by the non-custodial parent to the custodial parent for the support of the children.

The "Custodial Parent" of a child, is the parent that has the child for a majority of the overnights during the year. It is not based on legal custody or decision-making power. If the parents have an equal number of overnights, the party with the lower income is deemed to be the "custodial parent" see Leonard v Leonard (4th dept),2013 NY Slip Op 04916 [109 AD3d 126], Rubin v Della Salla (1st Dept), 2013 NY Slip Op 02681 [107 AD3d 60].

Child Support

The amount payable is calculated by using the Child Support Standards Act (CSSA) of the State of New York. The CSSA takes into account the gross incomes of both parents, and the appropriate deductions for the Federal Insurance Contributions Act (FICA) and SECA (if self-employed). There may also be other deductions besides FICA and SECA for maintenance paid, and city taxes. The CSSA contemplates the first one-hudred forty-three thousand dollars of combined parental income. Income is based on the most recent income tax return.

The non-custodial parent's annual "basic child support obligation" is generally calculated by multiplying the non-custodial parent's "percentage of combined gross income", by the combined gross incomes of the parents, less: the non-cusodial parent's annual payment to FICA or SECA (if self employed), multiplied by the appropriate "child support percentage".

A parent's "percentage of combined gross income" is equal to the parent's gross income, divided by the combined gross incomes of both parents.

The "child support percentage" is as follows:

a) 17% for one child
b) 25% for two children
c) 29% for three children
d) 31% for four children, and
e) no less than 35% for five or more children.

Once you get the figure for the annual payment, divide by twelve for a monthly payment, divide by twenty-six for a bi-weekly payment, or divide by fifty-two for a weekly payment.


by: Uncontested Divorce NY

How Long Does Child Support Get Paid?

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.

What Other Child Support Gets Paid?

In addition to the payment of the "basic child support" obligation, typically one parent will be responsible for providing healthcare insurance for the children.

Usually each parent will be responsible for paying a pro-rata share of the uninsured medical and dental costs.

Usually each parent will pay a pro-rata share of the childcare expenses incurred while the custodial parent is working or attending school.

The pro-rata share is equal to the parent's percentage of combined gross income.

In addition, the non-custodial parent may also agree to purchase a life insurance policy on his or her life, naming the custodial parent or the children as irrevocable beneficiaries, to secure future child support payments.

Can the Parents Agree to pay More or Less than the Payment Required by the CSSA?

The parents are free to Opt Out of the CSSA, but any agreement must set forth the amount that is supposed to be paid pursuant to the CSSA, and the reasons for deviating from the formula.

If you want a divorce and are searching for an experienced Divorce Attorney, near Buffalo, New York, look no further.

Free Consultation:

Please call (716)-656-7676 or CONTACT US for your free consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood.

Stephen K. Underwood, Divorce Attorney
1395 Union Road West Seneca, NY 14224
Phone: 716-656-7676 URL of Map