How Does a Judge Decide How Much Child Support Is Owed?
Section 413 spells out a number of factors that a court must consider when determining a non-custodial parent’s child support obligations. The basic range of support is tied to the parents’ income and the number of children involved. This range is expressed as an aggregate percentage of income. For example, parents with one child are expected to pay 17 percent of their combined income towards support. This percentage increases with the number of children: 25 percent for 2 children, 29 percent for 3 children, 31 percent for 4 children, and at least 35 percent for 5 or more children.
A Fulton County judge will take this support obligation and divide it in proportion to each parent’s income. Let’s say the non-custodial parent earns 60 percent of the parents’ combined income. This means he or she will also be responsible for 60 percent of the child support obligation.
But each child support case is unique and the applicable state guidelines will vary. In cases where combined parental income exceeds $143,000, New York State’s child support worksheet lists several factors that may be used by the court to “adjust” a child support award, including but not limited to the following:
- The child’s physical and emotional needs;
- The child’s standard of living if the parents were still living together;
- The potential tax consequences of a support award on either parent;
- Any non-monetary contributions made towards supporting the child; and
- The needs of any other children supported by the non-custodial parent.
We Assist Fulton County Residents With Child Support Issues
Child support cases are often more complicated than you might initially think. This is why it is critical to seek legal advice as soon as possible, even if you just need to have some basic questions answered about the law and the judicial process. The Colwell Law Group, LLC, serves custodial and non-custodial parents throughout Fulton County in resolving their child support disputes. Call us today at 518-300-4487 to schedule an initial consultation so we can learn more about your family’s situation.