Carton & Rosoff PC-Attorney at Law

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How to calculate basic child support in New York

There are many different things that people spend their money on in New York. Some of those things are necessities such as food, clothing and shelter. Other things are not necessities and people make choices on what non-necessities they spend their money on. This could be for vacations, a new car, a new TV, computer or other electronic and many other things. Another thing that people need to spend their money on is their children who need both necessities and extra costs as well.

When a couple is together which parent pays for what does not really matter, but when the parents are divorced or separated then which parent pays for things begins to matter. That is why there are child support orders in these types of situations. These orders try to ensure that both parents are contributing to the child's financial needs. So, it is important for parents in these situations to understand child support orders and how their child support obligations are calculated.

For basic support, first the parents' combined income is determined. The percentage of that combined income that is used for child support depends on the number of children that the parents have together. If there is one child 17 percent of the combined income is used for child support, if it is two then it is 25 percent, for three it is 29 percent, for four 31 percent and for five or more no less than 35 percent. Each parent's respective share of the combined income is then determined and the non-custodial parent pays that portion of the total percentage as determined above to the custodial parent.

The child support laws in New York may seem fairly straightforward, but they can be complicated and there are many variables that affect the ultimate determination. Simply determining the parties' incomes can be complicated as there are many different sources of money that can be considered income. It is important to understand all the variables which can affect child support and consulting with an experienced attorney could be helpful.

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