Child Support

The Child Support Standards Act governs how child support is allocated in New York. The non-custodial parent pays basic child support, a set monthly amount of money, to the custodial parent for the benefit of the child.

The custodial parent is the parent who has primary residence of the children or is the parent who earns less money when there is a shared residency in place. The custodial parent is the parent who has visitation with the children or earns more money when there is a shared residency in place.

Child support is based upon the parties’ adjusted gross incomes – your gross pay minus FICA tax. The amount of the non-custodial parent’s basic child support payment is based upon a percentage of their adjusted gross income: 17% for one child, 25% for two children, 29% for three children, 31% for four children, and 33% for five children.

Under the Child Support Standards Act, both parents are required to pay a percentage share of the child’s health care, unreimbursed medical expenses (co-pays and expenses not covered by health and dental insurance), childcare and preschool expenses, and college expenses. This percentage is pro-rated between the parents based upon the parents’ respective incomes.

In some situations, a parent may fail to pay their child support for various reasons. The Trotto Law Firm, PC can assist client’s in recovering unpaid child support.

In some situation, the non-custodial parent has lost their job or suffered in injury that prevents them from working. We can assist our clients in modifying their child support obligations.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail.