Parents are obligated to financially support their children to a certain age. In New York, the age of emancipation is 21, but support can be mandatory for years after. When parents divorce, child support must be addressed. Whether through alternative dispute resolution or litigation, parents will need to establish a support structure that meets the best interest of the child, continuing the standard they are used to and mitigating the financial effects on their life. If a couple cannot agree to terms outside of court, a judge may need to step in and decide on an equitable arrangement. For the most part, New York courts follow the State’s Child Support Guidelines, employing the Child Support Standards Act (CSSA) and assessing various other factors relevant to the case. It is important to have an attorney by your side through this significant legal matter. Zimmet Law Group, P.C. is a New York City law firm experienced in handling all sides of a child support case. Our firm provides each client with the same dedication and personal attention. If you need dedicated and quality legal support, contact Zimmet Law Group, P.C. today.
Child Support Standards Act
New York’s Child Support Standards Act (CSSA) is a formula used to equitably calculate a base amount of child support. The goal is to act in the best interest of the child first. In order to continue this focus, courts will work to mitigate the financial effects of the divorce and continue the living standard established through the child’s life. The greater number of children, the greater the percentage of combined marital income must go to child support.
- One child- 17%
- Two children- 25%
- Three children- 29%
- Four children- 31%
- Five or more children- no less than 35%
While the CSSA formulates the base of the child support obligation, there are many other factors that come into play, the most significant factors being the custody arrangement and whether the couple’s combined income exceeds the base for the CSSA. Courts have the discretion to decide on the matter, even deviating from the CSSA and in some cases utilizing a number of factors, including, but not limited to:
- The financial resources of each parent
- The financial resources of the child
- The child’s physical and emotional health
- The standard of living enjoyed by the child before the divorce
- The tax consequences of each parent
- The non-monetary contributions of each parent regarding the care of the child
- The educational needs of either parent
- The disparity of the parent’s gross income
- The needs of children outside of the marriage
The end of child support
While the presumed age of emancipation is 21, there are many factors that can affect one’s obligation. A child under 21 can be considered emancipated if he or she is married, in the military, has finished 4 years of college, 18 years of age and holding a full-time job, or abandons the home, ending the relationship with both parents (unless it involves abuse).
Contact Zimmet Law Group, P.C.
If you are a parent getting divorced, it is important to have a team of attorneys that can protect your interests through the process. Zimmet Law Group, P.C. provides zealous representation to clients in and around New York City. Our firm is dedicated to every case, providing the same excellent care to every client. With decades of experience, our firm will work to protect your rights and future. Contact Zimmet Law Group, P.C. for a consultation to discuss your legal matter with one of our attorneys.
