Child Support in NY and NJ
Based on your income, cost of health insurance and child related expenses, and having discussed parenting and custody plan, I will calculate your child support payment and arrangements, which we will discuss together, and include in your divorce agreement.
As a general rule, there are two parents in every child support case. One is the custodial parent, the one who lives with the child and has the primary day-to-day responsibility, and the other is the non-custodial parent. In more than 90 percent of the cases, the father is the non-custodial parent.
Together, we will work out the details of your child support and custody arrangement in order to ensure your children’s continuing well being. Remember, although I am sure that you both want the best for your kids, it is always best to regulate the agreement between you in order to prevent future conflicts and crisis in your parenting.
Child Support Guidelines- New York
In New York, child support is usually paid by the non-custodial parent, for the support, maintenance and education of the children. Voluntary gifts, clothes, transportation, vacation expenses or rent for the benefit the child may not be considered child support. The custodial parent is not usually required to account for the child support in New York State. Child support stops when a child reaches the age of 21 or is earlier emancipated. The parents may agree to support their children beyond the age of 21, for example, until the children graduate from college. New York State Child Support Standards Act Guidelines: Child support in New York is calculated based on the New York Child Support guidelines.
The guidelines contain tables, which consider the gross incomes of both parents and appropriate deductions. The basic child support obligation is calculated by multiplying the combined parental income by the appropriate child support percentage. Income is defined as gross income as reported on the most recent federal income tax return less deductions for social security and New York City and Yonkers income taxes.
The child support percentage is calculated in the following way: ?
a) 17% of the combined parental income for one child
b) 25% of the combined parental income for two children
c) 29% of the combined parental income for three children
d) 31% of the combined parental income for four children
e) no less than 35% of the combined parental income for five or more children.
In addition to ordering the payment of child support, we will discuss child’s future health care expenses not covered by insurance and additional future expenses such as enrichment, religious celebrations, college expenses and more. Let me guide you through the process. Together, we can determine the details of your parenting plan, child custody arrangements and child support, under the state of NY guidelines. You will always have more control of your agreement when you reach it yourselves through mediation, rather than leaving it to the Court to decide.
Child Support Guidelines- New Jersey
Child support in NJ allows the custodial parent to provide the child with all of the essentials, such as food, clothing, and shelter. The New Jersey child support guidelines take income info from both parties, and this info is applied to a formula to calculate a child support award.
When we calculate child support in the state of NJ, the following factors will be taken into consideration:
(1) The needs of the child
(2) The standard of living and the economic circumstances of each parent
(3) The sources of income and assets of each parent
(4) The earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children (including the cost of providing child care and the length of time and cost of each parent to obtain training and experience for appropriate employment)
(5) The need and capacity of the child for education (including higher education)
(6) The age and health of the child and parents
(7) The income and earning capacity of the child
(8) Prior support orders for other children, if any
(9) The reasonable debts and liabilities of each parent and child
(10) Any other relevant facts.
In addition to calculating a straight child support award, we will also discuss additional expenses which may be factual or potential. The most common expenses would be day care and health insurance. Other expenses may be sports related activities, dance classes, music lessons, etc, within the limits of the couples’ financial ability and under their discussed joint decision regarding the children. Together, I can help you cover all possible aspects of child support and potential parenting expenses in order to regulate your parenting arrangements as much as possible, and significantly reduce the likelihood of future conflicts between you due to grey or uncovered areas of your separation agreement.