Asked 9/9/2011
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How is child support amount determined ? In NY, is the custodial parents' income considered in determining what the non-custodial parent's child support payments will be ? |
Answer 1/2 - Submitted 9/9/2011
Child support in New York is calculated based on what's known as the income shares model which is calculated on net income.
For instance, if the custodial parent makes roughly $50,000 per year and the non custodial parent makes $75,000 per year, the non custodial parent would pay roughly 1300.00 per month for 2 children provided the non custodial parent has the children 35% or less of the total time.
Child support, under this method, is based on the income of both parents and is also based on how many nights the child spends at either household. These two factors determine child support in New York.
Just because both incomes are used to determine child support in New York, this does not mean that the custodial parent will actually pay anything out of pocket.
For example, if a couple has three children, and 2 children reside with the custodial parent (mom) and the other child resides with the non custodial parent (dad), the non custodial parent would still have an obligation of $1300 per month, provided he makes 75,000 per year. The custodial parent, (mom) would have to pay in the realm of $500.00 per month for the one child that resides with the noncustodial parent (dad), based on the income of 50,000 per year. In the end, $1300.00 minus $500.00 leaves an obligation of 800.00 for the noncustodial parent to pay the custodial parent.
Even though the custodial parent owes the amount of $500.00 per month, that money is just deducted from the non custodial parents obligation in the end.
I hope this information is helpful, best of luck and best wishes!
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