Albany Family Law Blog

How does the court determine my child support amount?

Posted by Joanne P. Monagan, Esq. | Apr 12, 2023 | 0 Comments

Divorce is never easy to deal with. You and your ex will discuss complicated topics during the process, including your assets and family arrangements. Certain divorce matters require the court's involvement, such as determining child support.

Identifying the appropriate child support amount could vary from state to state. In New York, the court uses each party's net income as the basis.

This amount factors in usual income deductions based on circumstances such as FICA, taxes, support for other children and spousal support. After getting the parent's net income, the court will multiply it by a percentage according to how many children they have together:

  • One: 17%
  • Two: 25%
  • Three: 29%
  • Four: 31%
  • Five or more: a minimum of 35%

Then, the court will divide the amount between parties in proportion to their income. Additionally, parents might need to pay for other child-related expenses aside from support, such as educational, medical and other needs.

When do I stop paying child support?

Child support obligations usually end when the child reaches 21 years old. However, specific circumstances could emancipate them, discontinuing support payments even if they are below the age limit. These conditions include getting married, becoming self-supporting or enlisting in the military.

Additionally, other family circumstances could affect child support. If the child's age ranges from 17 to 21, leaving their parents' home while unreasonably refusing to comply with parental authority could result in emancipation.

Still, the rules regarding child support depend on the court's order. If a parent fails to fulfill these obligations, the court can intervene and enforce orders to guarantee that they make the payments correctly.

Failing to keep up with child support payments might also lead to penalties, including license suspension and passport revocation.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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