If you have children and are going to execute upon a New York uncontested divorce, our New York State uncontested divorce lawyers and attorneys can guide you through the laws which govern child support so that your uncontested divorce will be approved by the New York State Divorce Court and judges of the court. Our New York State uncontested divorce law firm is conveniently located in White Plains, NY. Our divorce attorneys can service your uncontested divorce in Westchester County, Bronx County, Manhattan, Long Island, Rockland, Putnam, and Orange counties and beyond.
The New York child support law are contained in New York Domestic Relations Law § 240 (1-b) and Family Court Act § 413(1)(b). These statutes, virtually identical, are also called the NY Child Support Standards Act. The law and guidelines are often complex and what the support payment will be varies from case to case. Uncontested Divorce Attorney Elisa Claro will explain to you the law and its requirements, and complete the uncontested divorce package in clear and understandable language to meet your wishes in regard to child support. Our lawyers will explain how NY child support is calculated, for how long parties must pay child support, and what other ancillary items of payment and offsets the party that pays support is entitled to.Child Support in an Uncontested Divorce Explained in a Nutshell
Domestic Relations Law § 240 (1-b) dictates that the non-custodial parent pay the custodial parent child support until the age of emancipation (21 years or older), or until the child has an “emancipation event” prior to age 21, such as in the event the child joins the military.
The main portion of child support are monthly support payments. The monthly payment is based on a percentage of the combined parental income, pro-rated to the apportioned amount of each parent’s income. For 1 child the support is 17% of combined income, for 2 it’s 25%, and three is 29%.Illustrative Example:
Divorcing parents have 1 child and a combined income of $100,000.00. The child will reside with the mother. Child support for the child therefore is a total of $17,000.00 a year. The father makes $60,000.00 a year and the mother makes $40,000.00 a year. The father, therefore, would be responsible for 60% of the child support, or $10,200.00 annually for a monthly payment of $850.00.
In addition to monthly child support payments, NY child support law requires that the non-custodial parent is also responsible for an apportioned share of health insurance / medical support, payments for child care, payments for medical bills not covered by health insurance, educational expenses and extra-curricular expenses.What if the Calculation is Just too Hard for me to Pay?
This is why you need an advocate such as attorney Elisa Claro on your side to execute upon your uncontested divorce matter. Courts will only approve modifications less than the guide lines which are submitted with evidence. Only with the proper evidence before the NY uncontested divorce court can the court agree to a downward modification of support. Our attorneys know the requisite proofs you need, and how to submit them, so that your wishes in your uncontested divorce case is followed.
We understand that issues of child support and divorce are difficult to digest and deal with and that you pay have more questions. We would be happy to answer them. So please, feel free to pick up the phone and call us. We’d love to chat with you and answer any remaining questions.