How Do New York Courts Calculate Child Support Add-Ons and Deviations?

New York courts will follow specific rules when they’re figuring out child support in your case, even beyond the basic amount. A child support attorney can explain these details clearly for your situation in Forest Hills, NY. 

The Basics of Support in Forest Hills, NY

New York uses the Child Support Standards Act to set a presumptive basic support amount, and all add-ons and deviations are dealt with after that basic amount is calculated. Both parents’ incomes are first added together (after certain deductions), and then the court applies a percentage based on the number of children involved. A parent is expected to pay 17% of their income for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. 

This calculation applies only up to a combined parental income cap of $193,000. Each parent then pays their share of that total according to their proportion of the combined income. 

Most Common Add-Ons

Add-ons sit on top of the basic amount to cover extra costs that the basic percentage does not include. The three most common mandatory add-ons are:

1. Reasonable child care expenses
2. Healthcare-related costs for the child
3. Educational expenses

Child care can only be mandatory if it’s necessary so the custodial parent can work, look for work, or attend education or training that leads to employment. Healthcare add-ons include the cost of health insurance premiums for the child and unreimbursed medical, dental, optical, and prescription expenses. Educational expenses can become add-ons when a court decides they serve the child’s best interests. Private school tuition or special tutoring might qualify, for example, if the family previously paid for it or if the child’s needs clearly require it.

These expenses get divided between the parents using the same income proportion that was used for figuring the basic support amounts. Courts look at actual receipts or estimates to decide what counts as reasonable in both situations.

Most Common Deviations

Deviations can be put in place when the presumptive basic support, plus any add-ons, would produce what the court considers an unjust or inappropriate result, but there are specific factors the court must consider before changing the number. The court has to look at:

• The financial resources of both parents and the child
• The child’s physical and emotional health (plus any special needs)
• The standard of living the child would have enjoyed if the parents had stayed together
• The tax consequences for each parent
• The non-monetary contributions each parent makes to the child’s daily care
• The needs of other children the paying parent may already supports

Courts can also weigh any other facts they find relevant to the particular family. 

Talk With a Child Support Attorney Today

Talk to us at the Law Offices of Joseph H. Nivin, P.C. in Forest Hills, NY today for help throughout the greater Queens area. We offer a free case evaluation and bring extensive New York Family Law Court experience to bear on every case we take.

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