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LAW OFFICES OF JOHN H. O'DONNELL
EMPIRE STATE BUILDING
350 Fifth Avenue, Suite 3304
New York, NY 10118
(646) 733-1900
BROOKLYN OFFICE
217 78th Street, 2nd Flr
Brooklyn, NY 11209
(646) 733-1900
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CHILD SUPPORT
The Child Support Standards Act was developed to ensure that child support awards in New York State were fair and consistent. The goal is to give children the same standard of living they would have if their parents had resided together with the child or children. The law requires that the basic support award be set as a fixed percentage of combined parental income, depending on the number of children requiring support. The required percentages are as follows:
1 child 17%
2 children 25%
3 children 29%
4 children 31%
5 or more children at least 35%
The above percentages are applied to almost all parental earnings up to $80,000 ( minus NYC taxes and social security deductions). This includes worker's compensation, disability payments, unemployment insurance, social security, pensions and many other forms of income. After $80,000, the court may in its discretion use the percentage guidelines. The noncustodial parent will be responsible to pay their share of the child support obligation to the custodial parent.
The basic support amount must be increased to cover medical expenses not covered by insurance and child care expenses, if the custodial parent is working or in school. In addition, the court may increase the award to include educational expenses for the child.
NOTE: This website constitutes "Attorney Advertising." The information provided on this page, or at this website, is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your personal situation. The information provided herein should not be interpreted as establishing an attorney-client relationship.
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Copyright 2007 by John O'Donnell
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