Child support
Both parents remain responsible for the support of their children subsequent to divorce. Generally, support ends when the children reach their majority at 21. However there are circumstances in which support can be terminated earlier. If, for example, a minor marries, enters the military or retains a full time job which enables him to support himself, his parents are no longer legally obligated to pay his bills.
Child support refers to an amount paid by the non custodial parent for the benefit of his children. Although both parents remain liable for their children’s support, it is implied that the custodial parent will use her own funds in addition to the support payments she is receiving from her ex spouse to cover these expenses. Payments are made to the custodial spouse or in a manner directed by the court or stipulated to in a separation agreement. The non custodial parent does not live with his children but remains responsible for their support. The custodial parent resides with her children and is also responsible for their maintenance.
Basic child support is determined by the court using a mathematical equation. In New York, the combined parental income is calculated and multiplied by the appropriate “child support percentage” , based on the number of children in the family. Income in this instance refers to gross income as reported on the most recent federal tax return. Social security as well as New York City and Yonkers income taxes are deducted in order to determine combined income. The “child support percentages” are as follows:
- 17% of combined parental income for one child
- 25% of combined parental income for two children
- 29% of combined parental income for three children
- 31% of combined parental income for four children
- No less than 35% of combined parental income for five or more children
- If there are five or more children in the family, the court must use its discretion in fixing the child support percentage
