Child Support and Divorce in New York: How Much Can I Get?

If your goal is to obtain primary physical custody of your children in your divorce, you are most certainly concerned about the laws governing child support and divorce in New York.  How do child support and divorce in New York impact each other? How much child support can you expect to receive from your spouse?

New York follows a specific formula when calculating child support.  In most cases, the gross incomes of the parties are calculated.  The parties must submit proof of their income to the court, which may be in the form of tax returns, pay stubs, or other financial records.  Income includes W-2 income as well as 1099, worker’s compensation, disability benefits, unemployment benefits, social security benefits, veterans benefits, pension and retirement benefits and other forms of income.  Next, the courts will deduct how much the parties pay in certain taxes, like Medicare and Social Security.  Using the numbers that are left, the courts assign a certain percentage as child support, depending on how many children there are.  For one child, this percentage is usually 17%; for two, it is 25%; and so on.  If you are the custodial parent and the other parent makes $3,000 per month, and there is one child, you can probably expect to receive at least $510 per month in child support payments.

You must also provide proof of your children’s healthcare, educational, and childcare expenses so that the other parent’s share of these costs can be added to child support.  Make sure that your records are current so that these amounts will be accurate.

If your spouse’s income changes significantly after your divorce is finalized, you have the right to petition the court for a change in child support.  You must demonstrate proof of the change in income, and child support will be recalculated accordingly.  The same principle applies if your children’s expenses change as well.

Ultimately, child support payments depend on your individual financial and personal circumstances.  It is wise to seek legal advice to ensure these numbers are properly calculated.

Contact Sabra Law Group today at 646-472-7971 to schedule your free consultation to discuss your support questions or any other divorce and family law matters.

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