Under the New York State Child Support Standards Act (1989), both parents are responsible for contributing financially to the needs of their children. Under federal law, the parent with primary custody has the right to receive child support payments from the noncustodial parent--even if he or she has only 51% custody and sometimes even when custodial time is divided equally between parents. Furthermore, in joint custody cases, a parent who lacks the ability to provide for the child financially may still be entitled to child support from the other parent.
A parent's basic NY child support obligation is determined by the family court judge according to the following formula:
Parents may agree to opt out of the basic child support formula applied by the family court only by signing a legal agreement which includes a provision stating that they have been fully advised of the New York State Child Support Standards Act. If the parents have not previously opted out, they may seek a modification of their child support family court order after 3 years, when there is a 15% change in the gross income of either party since the most recent child support order, or if either party experiences a significant change in circumstances.
For a review of the Guidelines used in New York State to determine child support payments, please refer to the NY Child Support Standards Chart
For a review of recent changes to New York Child Support Income Caps, please refer to: What's New in Matrimonial Legislation, Court Rules and Forms
Whether you are a custodial or noncustodial parent, contact the Dutchess County and Columbia County based law offices of attorney Heidi T. Cochrane for compassionate and zealous legal representation for your New York child custody, visitation, or child support matter.
Basic child support may be calculated based on statutory percentages in Dutchess and Columbia County
This website is for informational purposes only. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Using this site or communicating with The Law Offices of Heidi T. Cochrane through this site does not form an attorney/client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. This site is legal advertising for representation in Columbia County, Dutchess County, Greene County, Ulster County, and other areas throughout New York State.
Copyright © 2022 The Law Offices of Heidi T. Cochrane - All Rights Reserved.
Columbia & Dutchess County NY Attorney / Mediation