Child Support Attorney In Rochester, New York

New York follows specific guidelines under the Child Support Standards Act (CSSA) to determine the amount of child support a parent is required to pay. The formula for calculating child support is based on the combined income of both parents and the number of children involved. The basic child support calculation is as follows:

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

The non-custodial parent (the parent who does not have primary physical custody) is generally required to pay a percentage of their income based on these guidelines. However, the court may also take other factors into consideration when determining child support, such as:

• Additional Expenses: In addition to the basic child support calculation, the court may require parents to share other expenses, including health insurance, medical expenses, childcare, and education costs (such as private school or extracurricular activities).
• Income Caps: The child support calculation is based on both parents’ combined income up to a specific cap, which is adjusted annually. If the combined income exceeds this cap, the court may use its discretion to determine whether additional child support should be awarded.
• Deviation from Guidelines: In some cases, the court may deviate from the CSSA guidelines if following the standard calculation would result in an unfair or inappropriate outcome. Factors such as the child’s needs, the standard of living the child would have had if the parents stayed together, and the parents’ financial resources may influence the court’s decision.