Critical factors regarding child support in a New York divorce

On Behalf of | May 2, 2019 | Divorce |

When a New York couple divorces, one of the key issues is often child support. Once the decision is made as to how much the supporting parent will pay and the custodial parent will receive, there might be certain preconceived notions about the entire process. There could be misunderstandings as to whether there can be post-divorce modifications, how spousal support and child support are connected, and how the new tax laws impact the paying and receiving party. For answers to these questions and to address them as needed, having legal advice is helpful.


Believing that there can never be changes to a child support amount is a mistake. Child support modifications with increases and decreases are possible. The income generally determines how much will be paid in child support. Other key factors include how many children there are, residency schedules, medical coverage, schooling and childcare. If there are changes to the parents’ situation, the child support can be modified. If, for example, a parent loses his or her job, the child support can be changed to reflect that.

In most cases, there will be spousal support in addition to child support. The child’s needs take precedence and child support will be more critical than spousal support. If it is decided that child support will be reduced, it is likely that spousal support will be lowered as well. With taxes, the new tax laws implemented by the Trump Administration changed longstanding rules. With the changes, the person getting child support payments will not be taxed on it. The paying parent can no longer deduct the payments when filing taxes.

Parents will want to provide sufficient care for their children after a divorce, but there can be disagreements about how much will be paid even after the court-ordered determination or an amount negotiated between the parties has been done. For help with any dispute or consideration with child support, it is helpful to contact a law firm that is experienced in divorce legal issues and consulting a divorce attorney is beneficial.