This means that the child lives with this parent most of the time. Child support can be: Ordered during a Divorce case in Supreme Court. Ordered by filing a support petition in Family Court. Arranged by written agreement between the parents. A written agreement must meet a few specific requirements or the Court can refuse to use it.
If you don't have a child support order, you can file a support petition in Family Court. This program can ask the Family Court to modify the order. Yes, if your child is in foster care, both parents still have a legal obligation to support the child. As a starting point, child support is based a statutory formula that adds the income of both parents and multiplies that by statutory child support percentage based on the number of children.
These percentages are:. Should the combined incomes exceed that amount, the court may still use the formula for all of the income, or it can only use it for only the cap amount.
A court will also look at these factors:. Here is a simple example of the basic formula: You have one child, and you have physical custody.
Of course, should the child have additional expenses such as large medical expenses, both parents must pay. This would include benefits such as disability, veterans, retirement, unemployment and social security. Should the court calculate an amount you cannot pay, your lawyer will need to present evidence to the proper New York court that the amount is impractical given your financial situation.
If you have suffered a significant financial setback such as losing your job, your attorney can petition the court for a modification in child support. Your attorney will file the petition with the same court which originally ordered your child support. Yes, the judge can order an amount you agreed on that is different from the statutory calculation. You can waive statutory child support obligations as long as your waiver has the correct format and content to protect both parties.
The court wants to be sure parties understand the rights they are waiving. Even in these circumstances, your duty to pay child support does not stop automatically. You will need to ask the same court that made your child support order to allow you to stop making payments because of your child's emancipation. Generally, the court calculates the amount of child support based on both parents' income per year and the number of children for whom the parents are responsible. There's more about that below, too.
In applying the formula to come up with a basic child support obligation, the court adds the income of both parents and multiplies it by the appropriate child support percentage based on the number of children. Your income for purposes of this calculation is your "gross income as was or should have been reported on the most recent federal income tax return.
Because you have physical custody most of the time, the court will presume that you are spending your share directly on your child's expenses. In addition to the basic child support obligation, the court may tack on additional payments to cover childcare costs if the custodial parent is working or going to school and for the child's reasonable health care expenses.
The court may also order payment for the child's education. It could use the same formula as above for all of the combined income. Even if you aren't working, you may still have income. The state of New York includes workers' compensation awards, pensions, fellowships, stipends, and annuity payments as income for child support purposes. If you receive disability, unemployment, social security, veterans, or retirement benefits, then a court will use those benefit amounts to calculate your payments.
Public assistance, on the other hand, is not income. Any amount of public assistance you receive from the state is deducted from the combined parental income. If you're voluntarily unemployed or underemployed, the court will likely impute your income. Imputed income means the court will generally look to your past employment and wage history to determine what you could or should be earning. If you don't have an income history, the court will most likely impute your income at minimum wage.
When the court calculates your basic child support obligation, it can also consider whether your share is unjust or inappropriate. You will need to explain why the amount is too much for you.
Perhaps your income has significantly decreased from past years because of illness or market changes. It is possible, although not guaranteed, that the court will reduce your payments based on your particular hardship.
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