What determines child support in NY?

Calculating Child Support in New York. Generally, the court calculates the amount of child support based on both parents’ income per year and the number of children for whom the parents are responsible. 17% of the combined parental income for one child. 25% of the combined parental income for two children.

How can a father get full custody in NY?

Generally, a family court may award custody to a father under the following circumstances:

The mother is physically abusive,
The mother is mentally ill,
The mother is neglecting the children’s basic needs,
The mother is addicted to drugs or alcohol,
The mother is incarcerated,

How does custody work in New York State?

Custody. A Custody Order gives responsibility for the child’s care and how the child is brought up to one or both of the child’s parents or to someone else. There are two parts of custody: (1) legal custody and (2) physical custody. A New York court can make orders about the child’s custody only until the child is 18 years old.

How old do you have to be to get custody in New York?

A New York court can make orders about the child’s custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the “best interest of the child.”. If there is no court order, then both parents have equal rights to physical and legal custody of the child.

Can a custodial parent get support outside of New York State?

What If a Custodial Parent Is Seeking Support from a Parent Who Lives Outside of New York State, or in a County in New York State That Is Far from the Child’s Home County?

Do you have to pay child support in New York?

Many parents believe that if they have equal joint custody of a child, they will not be obligated to pay child support. However, in New York, this is not how support obligations are calculated.

How do you file for custody in NY?

The first step in filing for custody in New York is to submit a petition to the court. A petition is essentially a request for the court to hear your case. You may file a petition with county Family Court or with the state Supreme Court; petitioning for custody in Family Court is free, while in the Supreme Court it costs money.

What is the formula for child support in New York State?

Calculating child support in New York can be extremely complex. First, the court must determine the parents’ basic child support obligation, which is calculated by multiplying the combined gross incomes of the parents by a predetermined percentage based on the number of children involved.

What are the child support laws in New York State?

Under New York law, both parents must financially support the child until the child is 21 years old. If the child is under 21 and married, self supporting or in the military, then the child is considered emancipated and the parents can discontinue the support.

How do you calculate child support in New York State?

Calculating Child Support in New York 1. Calculate the Total Combined Income of Both Parents 2. Subtract Any Applicable Deductions from the Total Combined Income 3. Determine the Percentage of Income to Be Paid as Child Support Based on Number of Children 4. Determine Each Parent’s Pro Rata Share of Child Support