By Adam Handler
Civil Litigation Attorney, The Law Offices of Spar & Bernstein
How much is child support and how is it determined?
We need to refer to Domestic Relations Law, s. 240(1-b) and Family Court Act s. 413(1)(b), known as the Child Support Standards Act (”CSSA”).
Child support can be determined by the custodial/non-custodial parent by way of agreement or decided by the Court after a Family Court and/or matrimonial action has been started. As with any other contract or agreement, parties are allowed to fix an amount of payment that meets the needs of the child. Not surprisingly, people don’t like parting with their money and this issue is, more often than not, decided by the Court.
In determining child support, the Court looks to Domestic Relations Law, s. 240(1-b) and Family Court Act s. 413(1)(b), known as the Child Support Standards Act (”CSSA”) or what is commonly called “The Guidelines.”
Generally, the guidelines read as follows:
Seventeen (17%) percent of the combined parental income for one child.
Twenty-five (25%) percent of the combined parental income for two children.
Twenty-nine (29%) percent of the combined parental income for three children.
Thirty-one (31%) percent of the combined parental income for four children.
No less than thirty-five (35%) percent of the combined parental income for five or more children.
It is important to note that the law requires that a non custodial parent pay a minimum of $25.00 per month regardless of employment status and/or if even if the non custodial the parent has no income or assets.
Usually, the Courts will require a financial disclosure which includes tax returns, W2 statements and recent paystubs to determine income.
Now, one can make the argument that these percentages, is in excess or inadequate of the child’s needs. In these cases, the Court will usually entertain the “its not enough” side of this argument.
Therefore, the Court is permitted by statute to consider:
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.
Any other factors the court determines are relevant in each case.
Finally, Courts will set a “pro rata share” amount when considering childcare, medical and educational expenses of the child. These expenses are added to child support awards based on guidelines. In these cases, the Court will set a percentage of responsibility to each parent. For example, if both parties earn $35,000 per year, the parties split these expenses 50/50.
However, when one party is earning $70,000 an the other $30,000 the percentages change to 70/30 and so on…..
MAKE NO MISTAKE: Child support cases are litigation. Therefore, it’s important to have an attorney who can minimize/maximize the amount set by the Court.
The “any other factors” consideration listed above provides a good lawyer with the opportunity to assist their client.
Knowing the law and the factors that can used to reduce or enhance your child support award are critical to your ability to provide for your children.
