Child support is calculated at a maximum cap of $148,000 combined parental income. However, the court has discretion to calculate child support above the cap. In New York, child support must be paid by parents until the child reaches the age of 21 years. Child support is calculated based on adjusted gross income (“AGI”: Gross income minus social security, Medicare and NYC or Yonkers tax).
The amount of child support that must be paid for one child is 17 percent, for two children is 25 percent, for three children is 29 percent, for four children 31 percent and for 5 or more children is 35 percent of the combined adjusted gross income.
Child support modification:
Child support orders that were made on or after October 13, 2010 can be upwardly modified in three ways:
- Every three years, the custodial parent is entitled to a de novo review of his or her child support calculation;
- If the non-custodial parent’s income increased by 15 percent or more; or
- A showing of substantial change in circumstances.
How can the non-custodial parent lower his or her child support obligation?
The parent that is paying child support can lower the amount of child support by showing that he/she lost his/her job with no fault of his/her own. This means that the parent that is paying child support cannot voluntarily quit or get fired from their job. If the court finds out that a parent lost his/her job intentionally, the court will deny the petition to lower the child support.
Enforcement of child support
If the non-custodial parent owes you child support and is not paying child support or not paying on time, you need to contact our office to help you enforce the child support order by filing a violation petition. There are several remedies to obtain back child support: suspension of driver’s license, passport denials, and intercept of tax refund. In addition, you can obtain a money judgement which carries 9 percent interest rate and the payor may face jail time if he or she is found at a trial in willful violation of not paying the child support order.
Call our office so we can guide you to the right path and help you with your child support issue.