As a family law attorney in White Plains, New York, Gordon Burrows draws on diverse experience in marital and custody matters. Gordon Burrows has helped many parents navigate the process of calculating and finalizing child support.
In the state of New York, both of a child's parents must provide financial support and health insurance until the child's 21st birthday. This law excludes children who are under 21 and supporting themselves, as well as those who are in the military or married.
If a child's parents are divorced, or if a verification of paternity exists to establish the identity of a second parent, a custodial parent may secure child support. The amount of child support is based on a specific formula that is applicable to all parents with combined income under a state-specified maximum. In these cases, the court adds the two incomes and multiplies the total by a percentage based on the number of children who are dependents.
The result of this calculation is known as a basic child support obligation. Both parents are expected to share in this obligation commensurate to the percentage of each parent's income in comparison to the couple's total. For example, if one parent's income is 40 percent of the combined total, the court would expect him or her to pay 40 percent of the child's expenses.
If the parents' income exceeds the maximum, the court may follow the same formula for the full income or may do so only for the specified maximum amount. The decision between the two options depends on the child's needs and standards of living, as well as the financial resources, needs, and obligations of each parent.
