Child Support

Child Support is required by law to provide for children’s basic needs after a divorce or separation. New York courts place a strong emphasis on the well-being of children, and child support aims to give children stability and security, regardless of which parent they live with. When parents separate, both are expected to share the financial responsibility of raising their child, creating a balanced approach to their care. This support helps cover essential needs, such as:

• Housing and utilities
• Food and nutrition
• Clothing and personal care items
• Education and school supplies
• Health care, including medical and dental expenses
• Extracurricular activities and hobbies

Child support helps to balance the financial responsibility between both parents, so that  that one parent does not carry an unfair share of the costs. It also provides children with a sense of security, knowing that both parents are committed to their well-being.

How Child Support is Determined

In New York, child support is calculated using a standard formula to help ensure fairness. The New York Child Support Standards Act (CSSA) outlines this formula, which includes a percentage of the parents’ combined income based on the number of children needing support. Here’s a general breakdown of the CSSA guidelines:

• 17% of combined income for one child
• 25% of combined income for two children
• 29% of combined income for three children
• 31% of combined income for four children
• At least 35% of combined income for five or more children

Once the combined income is calculated, each parent’s share of support is determined by their percentage of the total income. For example, if one parent earns 60% of the combined income, they are generally responsible for 60% of the child support amount. This calculation helps ensure that each parent contributes according to their financial capacity.

Factors That Can Influence Child Support Amounts

While the CSSA guidelines provide a framework, the court may consider other factors that can influence the final support amount, including:

• Extraordinary medical needs of the child
• Educational expenses, including private schooling or tutoring
• Special needs or disabilities of the child
• Other children the paying parent may already be supporting
• Childcare costs if a parent needs childcare due to employment or schooling
• Parental agreement: If both parents agree on a different amount that still meets the child’s needs, the court may approve it.

What If Circumstances Change?

Child support orders are based on each parent’s current financial situation and the child’s needs. However, if circumstances change significantly, either parent can request a modification of the support amount. Examples of changes that may justify a modification include:

• A substantial change in either parent’s income (such as job loss or significant promotion)
• A significant change in the child’s needs, such as new medical conditions or educational requirements
• The addition of new children who require support

To request a change, the parent must file a petition with the court and demonstrate that there has been a significant change in circumstances.

Contact Vacca Family Law Group

Child support can be complex, but you don’t have to face it alone. At Vacca Family Law Group, we focus on helping parents find fair and reasonable solutions tailored to their family’s unique needs. If you need assistance with determining child support, modifying an existing order, or understanding your rights and obligations, our experienced team can provide the guidance you need. Contact Vacca Family Law Group online or by calling (646) 798-4603 to schedule your free introductory call.