New York Child Support Law
If you have custody of your child, you should apply for child support. When you get to court, you should bring copies of yourr most recently filed tax returns, recent pay stubs, a completed financial-disclosure statement showing their earnings and expenses, copies of the lease, bills for electricity and gas, medical costs and insurance information, as well as education and child care expenses.
The amount of child support depends on the parents' income:
- 17% of the combined parental income for one child;
- 25% of the combined parental income for two children;
- 29% of the combined parental income for three children;
- 31% of the combined parental income for four children; and
- no less than 35% of the combined parental income for five or more children.
Additionally, child care and some educational and medical expenses may be required on top of the above amount. If the parent without custody (non-custodial parent) has children with different people, child support is determined by the number of children that the custodial parent has. For example, if a man has four children, two each with two women, he has to pay 25% of his income to each woman, though he can get credit to reduce that amount partially.
Child support does not depend on visitation. No matter how much or how little visitation a non-custodial parent gets, he/she is still responsible for the same amount.
Non-payment of child support may result in a violation with a possible fine, suspension of the driver's, professional, and business licenses, and even a jail sentence of up to 6 months. It is not up to you to decide whether or not you can afford to pay the amount set by the court. Even if you lose your job, you are still legally required to pay child support until you file in court to modify child support. Furthermore, there is no excuse for not filing the case is court and there is no way to change child support retroactively. Once you owe the money, there is nothing you can do (except modify what you will owe for the future), so do not delay filing for modification.
Similarly, if you are the custodial parent and believe you are eligible to get more money, you must file immediately because every day you don't file, you are permanently losing money.
Why Do I Need To Hire A Private Family Court Lawyer?
It is strongly recommended that parties hire attorneys to represent them in all court proceedings to protect their interests. People are not eligible to a free lawyer in child support proceedings, unless there's a possibility of a jail sentence for failure to pay.
If you would like to hire a private family lawyer to help you in a child support or custody matter, please call (646) 350-0601.