New York State has a series of guidelines that provide non-custodial parents throughout the state with an understanding of how much money in child support payments they are required to make each month. The court uses a formula to determine the percentage of the parents’ income that also takes into consideration the amount of children support payments are needed for.
A non-custodial parent will be required to pay 17 percent of their adjusted gross income if they have only one child, 25 percent if they have two children, 29 percent if they have three children, 31 percent if they have four children, and a minimum of 35 percent for five or more children. The court wants to ensure that the quality of the child’s life is maintained in some way if child support is being determined after the parents get divorced.
If you fail to make these payments, you will owe back child support and be put into arrears, meaning you owe the money. If it gets to the point where you continue to ignore the payments, the enforcement agency may take the money out of your bank accounts or tax refunds, or even send you to jail. It is possible to change the amount of child support you are obligated to pay if you cannot afford to make these payments. You will have to file a petition for modification and attend a hearing to prove why you need to lessen the payments. However, you cannot lessen the payments or stop making them until the court has made this decision for you.
You should know that every two years that passes, your payments will be reviewed by the child support enforcement agency to determine whether it should be increased with inflation or a rise in the cost of living. If you have questions about child support, speak with an attorney.
If you need quality and compassionate legal services from an experienced collaborative divorce lawyer or the guidance from a seasoned mediator, contact Leslye M. Schlesinger today.