Child Support
Upstate New York Law Firm Focused on Child Support
Saratoga Springs Attorney Familiar with New York’s Child Support Requirements
If you are a parent in Upstate New York who is raising children without financial support from their other parent, or if your children do not live with you, you likely need legal advice from a family law attorney who understands the state’s child support requirements, such as those at the Law Offices of Gerard V. Amedio, P.C. Our attorneys provide guidance regarding a number of family law issues, including child support.
Child Support Basics
If your children live with you, you are the custodial parent. If your children do not live with you, you are the non-custodial parent. If your children split their time equally between both parents, you have joint custody.
In New York State, non-custodial parents must provide financial assistance for their children to custodial parents. In the case of joint custody, even if the parents share custody equally, the court will order the parent who earns more money to pay child support to the other parent. Any non-custodial parent can be ordered to pay child support in New York, even if the parent:
- Has no contact with the child
- Is unemployed
- Qualifies for disability or public assistance
- Is incarcerated
- Lives in another state or in some cases another country
A non-custodial step-parent can only be ordered to pay child support if that support would prevent the step-child from needing public assistance from the state. If a non-custodial step-parent is ordered to pay child support, the obligation lasts only as long as he is married to the child’s biological parent.
How Child Support is Determined
Child Support in New York is calculated according to a law known as the Child Support Standards Act (CSSA). Under this law, non-custodial parents will be required to pay a percentage of their gross income, less certain deductions, until the child is 21 years old. Common deductions include Social Security, Medicare, and any child and or spousal support already being paid under a prior agreement. The percentages are:
- One child – 17 percent
- Two children – 25 percent
- Three children – 29 percent
- Four children – 31 percent
- Five or more children – at least 35 percent
Non-custodial parents will also be ordered to cover the children on their employer-sponsored health insurance plans if one is available to them, pay a pro rata share of their children’s unreimbursed medical expenses, and pay a pro rata share of reasonable childcare expenses if the custodial parent is in school, working, or looking for work.
Contact Us with Your Support Concerns
The experienced attorneys at the Law Offices of Gerard V. Amedio, P.C. have the knowledge and ability to help you obtain the child support your children need and deserve. Contact our office online or call (518) 583-4123 to set up your initial consultation today.
