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Equitable Distributions |
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If the parties to a divorce cannot agree on how to share marital assets and debts, the court will do it for them in accordance with the law of Equitable Distribution. |
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 In New York, the non-custodial parent is required to pay child support to the custodial parent according to a formula established by law. The formula is based upon percentages applied to the first $80,000.00 of "combined adjusted gross income" of the parents, depending upon the number of children involved. Thus, for one child, the child support obligation is 17% of combined adjusted gross income; for two children, 25%; for three children, 29%; for four children 31%; and no less than 35% for five or more children. Each parent is responsible for a pro-rata share of the award. For any amount above the first $80,000.00, the court exercises its discretion in determining additional child support after considering a number of factors. Parents are also responsible for their pro-rata share of non-reimbursed medical expenses and child-care expenses. A court can deviate from the established formula only where its application would be unjust and inappropriate. Following an initial award of child support, a custodial parent may seek upward modification upon a showing of changed circumstances. Similarly, the non-custodial parent may seek downward mediation, but again only upon a showing of changed circumstances. The parties may enter into an agreement fixing child support, but such agreement must be in conformity with the law. Child support can be sought within the context of a divorce proceeding in the Supreme Court or in a plenary action in the Family Court.
A knowledgeable family law attorney can help you with your child support proceeding. Call our office, toll-free, at 1 (866) 99 TRUST and make an appointment for a free, no-obligation initial consultation.
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