New York Child Support Lawyer
Although child support for children of separated or divorce parents is largely determined by income-percentage formulas, there are many special circumstances for children with special needs, that are best handled with the advice and assistance of an experienced attorney.
Discuss the particulars of your child custody and child support needs that go along with your separation or divorce from your child's other parent. Contact McCormack & Phillips, Attorneys at Law, in Nyack, New York.
Parents' Income Matters in Child Support
When parents' combined gross incomes exceeds $130,000.00 (by law), other factors besides an income percentage formula may be taken into account when a child support order is formalized. Laws are designed to cover the majority of cases. However, there are always special situations and exceptions which may be brought to the attention of supreme or family court judges.
When the combined gross incomes of the parties exceed $130,000.00, the court may consider a factor based rational for setting child support. Those factors are:
- "The financial resources of the custodial and non‑custodial parent, and those of the child;
- The physical and emotional health of the child and his/her special needs and aptitudes;
- The standard of living the child would have enjoyed had the marriage or household not been dissolved;
- The tax consequences to the parties;
- The non‑monetary contributions that the parents will make toward the care and well‑being of the child;
- The educational needs of either parent;
- A determination that the gross income of one parent is substantially less than the other parent's gross income;
- The needs of the children of the non‑custodial parent for whom the non‑custodial parent is providing support who are not subject to the instant action and whose support has not been deducted from income pursuant to subclause (D) of clause (vii) of subparagraph five of paragraph (b) of this subdivision, and the financial resources of any person obligated to support such children, provided, however, that this factor may apply only if the resources available to support such children are less than the resources available to support the children who are subject to the instant action;
- Provided that the child is not on public assistance (i) extraordinary expenses incurred by the non‑custodial parent in exercising visitation, or (ii) expenses incurred by the non‑custodial parent in extended visitation provided that the custodial parent's expenses are substantially reduced as a result thereof; and
- Any other factors the court determines are relevant in each case, the court shall order the non‑custodial parent to pay his or her pro rata share of the basic child support obligation, and may order the non‑custodial parent to pay an amount pursuant to paragraph (e) of this subdivision."
It is also important to understand that while many of the above factors may apply in your case, the court does not necessarily give equal weight to all of them or, it may choose simply to apply the formula to the income even if it exceeds the $130,000.00. If child support was as predictable as a formula approach implies, computers would determine amounts. The world is more complex and you must have a full discussion with an experienced family law attorney to limit the variables that ultimately effect the end result.
The sources of funds that the court may also consider in determining child support may surprise you and you should certainly discuss all sources of money that you and your spouse receive (or have received in the past) to determine whether a court might consider them income solely for the purpose of determining the child support obligation.
Special Circumstances Matter: Health Care, Tuition
Other special considerations include un-reimbursed, uncovered and deductible medical expenses (such as eye glasses or contact lenses), and child care during time that the custodial parent is employed or going to school. The courts consider on a case by case basis special educational needs for children such as tutoring, remedial courses, and similar educational needs. College expenses including tuition, room and board are add-on expenses.