Overview of Child Support Under New York Law
In general, child support is money that a parent pays to a custodial parent to cover the costs related to raising the child. The funds may be applied for:
- Food, shelter, and clothing;
- Costs of living, such as utilities, cable, and internet;
- School supplies and personal care items;
- Any costs for extracurricular activities;
- Toys and entertainment; and
The details of child support, including when and how often payments must be made, will be included in the order entered by the Herkimer County Family Court.
Determination of Child Support Amounts
Child support is intended to provide the child with the same relative lifestyle he or she would have enjoyed had the parents not divorced. Beyond this general standard, there are formulas to determine the amount of child support under New York State law. The court will specify a percentage of the paying parent’s income, based upon how many children he or she financially supports. In addition, a court will review:
- Income received through workers’ compensation or disability;
- The educational expenses of the child;
- Provision of health insurance;
- The combined income levels of the parents; and,
- Other factors established by law.
Modifications of Child Support Orders
New York State law recognizes that, as circumstances change over time, it may be necessary to modify a child support order. Loss of employment, illness, injury or disability, and other major life disruptions can make it difficult for a parent to pay the designated amount. There is a process to modify a court’s child support order where there is a significant change in circumstances, specifically a situation where there is a 15 percent increase or decrease in one parent’s income. It is important to comply with the legal requirements for a child support modification. Non-payment has serious legal consequences.
Trust a Herkimer County Child Support Attorney with Your Case
If you are involved in a child support matter, you need an experienced, knowledgeable lawyer on your side. At The Colwell Law Group, LLC, our child support attorneys are dedicated to providing you with the highest level of legal services. Please contact us at 518-864-0564 or visit us online to schedule a confidential consultation about your case.