Calculating Child Support in New York
New York has established specific guidelines to calculate child support, with the goal of ensuring consistency and fairness in these cases. The guidelines are based on the parties' respective incomes, with the goal of ensuring that both parents contribute to their child’s financial needs in proportion to their means.
Several factors influence child support calculations, including:
- The income of both parents
- The number of children being supported
- Each parent’s ability to earn income
- Health insurance and childcare costs
Before calculating child support, one must first determine how much each party earns, or if appropriate, determine their capacity to earn. While sometimes this is relatively simple, for example, when the parties are what is known as W-2 wage earners, in many situations determining income is not at all simple. For example, determining income for people who are self-employed, receive support from family members, are beneficiaries of trusts, or have various income producing assets can be exceedingly complicated. In these situations, having experienced counsel on your side is critical.
When Does Child Support End in New York?
Under New York state law, child support generally ends when a child turns 21. If the child is developmentally disabled child support may extend to age 26. And there are circumstances under which a child under the age of 21 may be deemed emancipated, in which case child support may terminate prior to age 21. Parents do have some leeway to agree to alter these terms by written agreement. As every situation is unique, please contact Joseph Law Group, P.C. in Nassau County to help ensure your rights are protected.