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.
Whether you are a custodial or noncustodial parent, contact the 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.
NYS basic child support obligations may be calculated based on statutory percentages.