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How is My Child Support Obligation Determined?
A custodial parent may file a petition in Family Court to seek a child support order, or a non-custodial parent who has an existing order may file a petition to modify an existing order. Although, the Legislature has set child support standards, the Support Magistrate has discretion to deviate from the standards based upon the facts of a particular case. These factors include the custodial arrangement, tax benefits, a child or parent's health, disparity of incomes, and any other factor that the Court may deem appropriate in setting an amount of child support to be paid. It would be to your advantage both as a custodial parent or non-custodial parent to seek the assistance of an attorney who concentrates in this area of law. Deviations from the child support guidelines can only occur if the party seeking the deviation has properly showed the Court the need to deviate. Lack of information and understanding as to the deviation factors can result in your receiving an order that you will be compelled to follow for years to come.
Meggesto, Crossett & Valerino, LLP has been representing clients in Family Court and Supreme Court since 1983. With over twenty years of experience in Family Court and Supreme Court on child support matters, we feel that we are well able to provide our clients quality representation. We understand that decisions that are made by the Family Courts and Supreme Courts in regard to child support affect not only you as parents, but your children as well. Our goal is to educate our clients as to their rights as a custodial or non-custodial parents in a child support action and provide them with the legal assistance and guidance in this constantly changing area of law. The child support laws are often subject to interpretation by the Courts. Our firm keeps informed on all legislative changes, or court rulings in this area. Meggesto, Crossett and Valerino, LLP is committed to providing you as our client with advice and information that allows you to make informed decisions regarding your case, as we are well aware of the effect a child support determination has on all parties involved.
For your information, we have set forth the guidelines for determining an initial child support obligation. We hope that this information will be of assistance to you.
In 1989 the New York State Legislature passed a law that set the standard for computing a child support obligation. Family Court Act, Section 413 sets forth a formula that is used by the Support Magistrates and Judges to determine the presumptive amount of support. The Support Magistrates and Judges have discretion to deviate from the presumptive amount under certain conditions.
The formula is based on a percentage of both parent's income with consideration given to the number of children subject to a child support order. The percentages are as follows:
| Percent |
No. of Children |
| 17% |
1 |
| 25% |
2 |
| 29% |
3 |
| 31% |
4 |
| 35% |
5 or more |
Exceptions: If the non-custodial parent's current income is $8,860.00 then the support obligation will be no more $25.00 per month. If the non-custodial parent's income is less than $11,961, the support obligation will be no more than $50.00 per month. Also, if a non-custodial parent's income exceeds $80,000 the child support obligation will be calculated based on $80,000 the law permits but does not require the use of the child support percentages in calculating the child support obligation over $80,000.
A simple way to estimate your child support obligation would be to use a current pay stub and take your gross income, subtract the FICA deduction and Medicare deduction from the gross. The resulting figure should then be multiplied by the number of children subject to a support order. The resulting number would be approximately what your child support obligation would be per pay period.
If you are a seasonal employee, work on commission, or work overtime often in you job and this affects your income each year, the Court will likely take an average income based on your last 3-5 years of tax returns and or W2s. For example if your income was $50,000 in 2003, $52,000 in 2001 and $49,000 in 2000, the Court will take an average of the three and apply the child support formula accordingly. In this case, you need to take your average yearly amount of income and multiply it by .923 which is a proximate FICA and Medicare deduction then take that amount and multiply it by the proper percentage and you will have an approximate yearly child support amount which then can be divided by 52 to determine your weekly amount, or 26 to determine your biweekly amount depending on your pay periods.
Note, that this support obligation will not be reduced if you are a seasonal employee and at times are receiving unemployment benefits. Nor is it reduced or suspended when you have visitation with your children unless you and the custodial parent agree otherwise, and it is part of a court order.
Further, the child support amount as calculated above does not include your obligation to provide medical insurance coverage for the child or children or your obligation to assist in day care costs. The law obligates both parents to provide medical insurance for the child or children if it is available through their respective employers. If one party has insurance and the other does not the Court may direct the uninsured party to assist in the insurance premium cost. Also, both parents have an obligation to share in the reasonable and necessary uninsured medical costs for the child or children. The amount that each parent should pay is determined on a pro rata basis. For example, if the mother has an income of $20,000 per year and the father has an income of $60,000 per year the father's obligation would be to pay two-thirds of the bill and the mother would pay one-third. The same pro rata calculation would apply to day care costs.
Under New York law the above child support obligation continues until your children reach the age of 21 or sooner if emancipated.
A Child Support Standards Chart is available on request at the Family Court Office, Room 112 at the Onondaga County Courthouse located at 401 Montgomery Street, Syracuse, New York.
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James A. Meggesto
Deborah A. Bellomo
John A. Sickinger