What is included in an order of child support?
Basic Child Support
Basic child support is meant to provide for a child’s basic needs, including food, clothing, shelter, and school supplies. The amount of support is calculated via a formula based on the parents’ incomes and how many children there are.
Some issues we encounter when determining the base of child support obligation:
If the combined parental income is above the cap, which is $154,000 as of April of 2020, anything above the cap is based upon the needs of the child, which is determined by the child’s standard of living.
What if the non-custodial parent is self-employed?
Often a self-employed parent will not include some personal expenses they write off as business expenses when reporting their income. If the court finds the parent has failed to provide a credible account of their income, the court may actually base the entire order (not just the part of the order based upon income above the cap) on the needs of the child rather than the reported income of the parent.
When might the court deviate from the formula?
The formula may not always be applied to a T. If one parent makes significantly more than the other parent, if the non-custodial parent has another child at home that he or she is also responsible for supporting, or if, for example, the non-custodial parent has high student loan payments but that education has enabled them to make a higher income, then the court may “deviate” from the formula, meaning that the court may issue an order of basic child support that is different from what the formula would call for.
Unreimbursed Medical Expenses
Each parent will be ordered to pay for any unreimbursed medical expenses, generally based upon each parent’s pro rata share of the combined income. This means that the parent who earns more will probably have to pay more of the unreimbursed medical expenses than the parent who earns less.
The court has to order the non-custodial parent to contribute child care expenses if that child care is necessary to enable the custodial parent to work or go to school.
If your children attend private school, the court may or may not order the non-custodial parent to contribute to tuition. Also, the court may or may not order the parents to contribute to the child’s college expenses.
In New York, child support generally continues until the child turns 21, but the parents may agree for child support to go until the child turns 22 if the child is still enrolled full-time in school. Child support might end before the child’s 21st birthday if the child is emancipated. Generally, that means the child is self-supporting; for example, if the child enlists in the military.
Every case is unique. If you want more information about your case then please call my office and schedule a consultation. I look forward to helping you out.
Joseph H. Nivin, Esq.
The Law Offices of Joseph H. Nivin, P.C.
118-35 Queens Boulevard, Suite 1220A
Forest Hills, NY 11375
The Chanin Building
122 E. 42nd Street, Suite 2100
New York, NY 10168