A Fair Child Support Amount Is Vital To Your Financial Health
Child support plays an immensely important role in the financial well-being of all parties to the divorce. The goal of child support is to keep children in a similar financial situation as they experienced prior to the parents’ split. An unfair amount can place a significant burden on one party to the divorce.
Child Support Guidelines
Under New York law, child support guidelines determine the amount of child support awarded. These guidelines use income, time spent with children and other factors to determine the appropriate amount.
This includes a formula for determining temporary maintenance for children, which is the amount of child support paid while the divorce is pending.
Is A Deviation Appropriate?
In some circumstances, the amount of child support in the guidelines would result in an unfair situation. Courts have the ability to deviate from the guidelines in certain circumstances. In New York, these circumstances include but are not limited to:
- Special needs. Children who require extensive medical and/or personal care often require increased support.
- Income differences between the parties to the divorce. If one party earned all or a vast majority of the couple’s income, an increase in support may be warranted.
- Parenting time. The amount of time the noncustodial parent spends with a child can influence the cost to the custodial parent.
- Taxes. Child support is not considered income, nor is it deductible, but it can still have tax consequences.
Questions About Child Support Or Deviations? Contact An Experienced Child Support Lawyer Today.
With decades of experience in matrimonial and family law, the attorneys at Advocate, LLP, are ready to answer your questions and provide skilled and personalized legal representation throughout your case.