In New York, child support for one child is generally 17% of the combined income of the parents combined income. However that does not mean that the child support seeker can get 17% of a billionaire’s income. Courts may apply the 17% to the total combined income but they are not required.
The court will generally calculate that child support is 17% of the both parents’ combined income up to an income cap.The income cap changes every year to keep up with economic factors like inflation. The 2019 combined parental income cap is $148,000.
It is up to the child support requester to prove why the child needs support calculated on the rest of the income beyond the cap. Generally that is accomplished by proving that the child previously enjoyed a certain standard of living before the parents split, that must be maintained, or that the child has a need for a certain amount of support.
Child Support not only includes a percentage of the combined income but also includes ‘ad-on’ payments for other things that a child might need such as education, medical care and day care expenses.
Beware that there is also a Self-Support Reserve which puts a limit on the amount of child support a payor must pay. The 2019 self support reserve is $16,862. The minimum support a payor must pay is $25.00 per month with an arrears cap of $500. If the payor has other children he is paying support for, that amount comes out of his income before a calculation of support is done for the newest child. The requirement to pay child support cannot put a payor below the poverty income level. In 2019 that poverty income guidelines amount is $12,490.
If you are seeking child support or need to defend a petition for child support, contact Diana Mohyi Attorney at Law P.C. to learn more.