David R. Addelman PC

69 Delaware Ave. Suite 602
Buffalo, NY 14202

ph: (716) 856-4118
fax: (716) 856-6235

info@addelmanlaw.com

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Child Support Obligation

The following applies to child support cases governed by New York State Law, pursuant to Domestic Relations Law Section 236B(9)

1. The formula contained in the statute applies certain percentage levels to the combined parental income up to $80,000 per year. At the discretion of the court, additional support can be ordered (and generally is) based upon incomes in excess of $80,000. Such additional amounts may or may not be based upon the same percentages.

2. The percentages as set forth in the law for combined parental income
of $80,000 or less are:

  •  17% of parental income for one child.
  •  25% of  parental income for two children.
  •  29% of parental income for three children.
  •  31% of parental income for four children.
  •  35% of parental income for five or more children.


3. For child support purposes, income includes

  • Earned income
  • Net investment income
  • Voluntarily deferred income
  • Worker's compensation
  • Unemployment insurance benefits
  • Social security benefits
  • Veteran's benefits
  • Pensions and retirement benefits 
  • Reimbursements received for business expenses
  • Non-cash benefits such as memberships, meals,  autos
  • Imputed income for voluntary reduction in income


4. Deductions to income:

  • FICA
  • Unreimbursed business expenses
  • Alimony paid
  • Court ordered support to other children of the parent
  • Public assistance
  • SSI


5. Additional costs which may be ordered in addition to a parent's child support payments:

  • Life insurance on  the life of the parents
  • Medical coverage for the children
  • Contribution to un-reimbursed medical costs
  • Child care expenses
  • Educational expenses


6. Other factors the court may consider in determining the appropriate level of child support:

  • Financial resources of each parent and of the child
  • Special needs of the child
  • Standard of living
  • Tax consequences to the parties
  • Education needs of the parents
  • Non-monetary contributions by the parents
  • Income disparity between the parties
  • Needs of other children of the parent paying child support
  • Extraordinary visitation expenses


 

View the Child Support Standards Chart 

The above information is a summary and overview of current law.  It is not intended to be all inclusive. The information you obtain on this site is not intended as a substitute for legal advice.  Relying upon a summary
or overview without the benefit of  individual advice regarding your particular situation is not advised.  It is recommended that you consult with an attorney.

 

 

The information you obtain on this site is not meant to be relied on as legal advice.  You should consult an attorney for individual advice regarding your particular situation.

Sill have questions?  Please contact us anytime!  We look forward to hearing from you.

Copyright 2010 David R. Addelman PC. All rights reserved.

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69 Delaware Ave. Suite 602
Buffalo, NY 14202

ph: (716) 856-4118
fax: (716) 856-6235

info@addelmanlaw.com