Child Support Under New York Law
New York law recognizes that resources are vital for the well-being of children. When a marriage with children breaks down, determining child support can be hotly debated between the parties.
In general, the New York Domestic Relations Law and the Family Court Act provide a formula to calculate child support, based upon the income of the parents, the number of children, and the percentage of parental responsibility for child support the court assigns to each parent under the law.
It is important to note that the step-by-step process in determining child support includes many nuances. Courts are given discretion in determining income of the parents and in applying the child support calculations. While initially formulaic, child support determinations ultimately rest within the discretion of the court.
There are situations where the court has discretion to impute income to one or both parents. Grey areas surrounding potential earning capacities, which impact child support obligations, require focused legal analysis whether you are obligated to pay support, or are the custodial parent receiving payments.
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How to Determine Child Support
Complex Child Support Calculations
The child support lawyers at Quatela Chimeri PLLC have extensive experience appearing in local courtrooms across Long Island. While the child support formula is fairly straightforward, we have a strong command of the intricacies of analyzing child support calculations.
Methods of Computing Support Obligations
The methods of computing support obligations can vary from courtroom to courtroom, and from jurisdiction to jurisdiction. Courts are given discretion in determining whether to apply the formula above to the legal income cap listed in the statutes, which changes periodically. Moreover, complex assets structures, self-employment and income from sources that do not include a standard W-2 Form can make computing overall income more difficult.
Our attorneys draw on our knowledge of financial structures, business principles and family law to vigorously safeguard the rights of our clients.
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It is critical to understand that properly calculating child support to serve the interests of your child often requires more than simply punching numbers into a calculator.
The process will result in a court order specifying the obligations of both parties under the law. Our attorneys will fully explain the New York guidelines, present options, and help you target a financial outcome you can live with.