Dutchess County Child Support Lawyer
New York Child Support Attorney Serving Clients in Dutchess
Whether you are in the process of getting divorced in New York State or are dealing with child support issues outside the boundaries of divorce, an experienced Dutchess child support lawyer can help. Under New York law (FCT Section 413), parents have a duty to support children under the age of 21. The court can use standards to determine the appropriate child support amount, but ultimately it is up to the court to decide the amount that each parent will provide for the support of minor children.
If you have questions about child support, or if you need assistance modifying an existing child support order, an experienced Dutchess child support attorney can speak with you today about your case. Do not hesitate to contact an advocate at The Colwell Law Group, LLC.
Determining Child Support in Dutchess County, New York
While the New York State Unified Court System defines child support as the amount of money that the non-custodial parent pays to the custodial parent, the child support system in our state is more complex than this might sound. Although the court can deviate from the child support standards when circumstances require it, there is a strict formula for calculating child support. Here is how it works:
- Court determines the net income of each parent (which is the parent’s gross income minus specific deductions);
- Court adds together the parents’ net income;
- Court multiplies the combined net income by a percentage based on the number of minor children eligible for support in order to determine a support obligation; and
- Court divides that support obligation between the parents based on the percentage of each parent’s income to the total combined net income.
When the court goes through the third step in which it multiplies the combined net income by a percentage based on the number of children, it follows these rules:
- 4 children = 31 percent; and
- 5 children or more = not less than 35 percent.
Depending upon the specific family’s circumstances, the parents can be required to provide additional support—beyond the calculated support obligation—for needs like child care, the child’s education expenses, and the child’s medical expenses.
Calculating the Child Support Obligation for Dutchess County Parents
How do the calculations discussed above work in practice? Let us give you a hypothetical:
Parent A’s net income is $75,000. Parent B’s net income is $25,000. Combined, the total net income equals $100,000. Parent A’s income represents 75 percent of the combined net income, while Parent B’s income represents 25 percent of the combined net income. The parents have two children. Here is how the court might determine the support obligation:
- Multiply $100,000 by 25 percent (the amount listed for two children) to obtain a support obligation of $25,000; and
- Court divides support obligation based on the percentage of each parent’s income to the total net income ($25,000 x .75 = $18,750 obligation for Parent A, and $25,000 x .25 = $6,250 obligation for Parent B).
Contact a Dutchess County Child Support Attorney
Determining child support obligations and seeking to modify child support orders in New York can be complicated. As such, it is always a good idea to have an experienced Dutchess divorce attorney who can help you through this process. Contact The Colwell Law Group, LLC today.