Child Support

Upon any separation between two parents, often the first question a parent left with the child will ask is how they are going to pay the bills on their own. Similarly, a parent who has left the home will often wonder how much they will have to pay for the support of their child(ren). Many of these questions can be answered by reviewing the controlling law in the State of New York which is the Child Support Standards Act (C.S.S.A.). (The Act in its entirety can be viewed at https://newyorkchildsupport.com/pdfs/cssa_2010.pdf).

The C.S.S.A. is merely a starting point since the act only concerns itself with basic child support amounts. There are other considerations and collateral expenses (i.e., health insurance, education, child care, life insurance, unreimbursed medical expenses, etc.) which are not contemplated by the act and which can be added to an order of support. The burden of proving these expense rests with the parent seeking support. The percentage that each parent will be responsible for these added expenses will depend on their relative incomes. For example, if one parent earns $100,000 and the other $50,000, the combined income is $150,000. The parent earning $100,000 makes up 2/3 of the total income and will generally be required to pay 2/3 of the total amount of those other expenses.

Each case is different, however, and support magistrates (the people who hear these cases in Family Court) have some discretion to deviate from these formulas (and the C.S.S.A. guidelines as well) provided there is good cause to do so, such as the existence of prior orders of support.

Generally, in the case of a W2 employee, the amount of support is a relatively straight forward calculation depending on the number of children. These cases get considerably more complicated (and difficult to prove) where the parent who is responsible for paying support actively hides assets and/or income, is working "off the books" or denies employment. In these cases, the litigation is vastly more arduous and it is often worthwhile to retain the services of an attorney, and a private investigator. The latter is an invaluable asset (though sometimes cost prohibitive) which can help unearth the true nature of a parent's income and/or assets. Whether a private investigator is needed is something you will need to discuss with your attorney.

As is the case with any litigation, preparation before going to court is vital. There is no reason a parent seeking support for a child should be short changed. It is, after all, the child's right to support that you are seeking to enforce.