Child support is not a simple matter. It is much more than merely how the child’s basic needs will be met. There might be childcare, educational and medical expenses that have to be addressed. The non-custodial parent might be self-employed, have a cash-based business or work off the books. And of course, there are collection and modification issues.
Do not be intimidated. Make the call and the Law Offices of Gildin and Chapman, located in Manhattan, New York. We will help you understand the entire process and provide the support you need during this trying time.
How much child support am I going to have to pay or will I receive?
Although the applicable law offers long and complicated calculation to determine the amount of child support, there is an easy, shortcut formula that will offer you a fast, close estimate:
Gross Income of the Parent That Will Be Paying
Minus FICA (social security and Medicare taxes)
Minus City Taxes (if any, i.e.: New York City)
Equals Net Income for Child Support Purposes of the Parent That Will Be Paying
Times 17% If There is One Child
– or –
Times 25% If There are Two Children
– or –
Times 29% If There are Three Children
– or –
Times 31% If There are Four Children
Equals the Amount of Child Support to Be Paid
Of course, it can become complicated when the gross income of the parent who will be paying is hard to determine because they are under-employed, unnecessarily unemployed, self-employed, paid all or partially off the books.
Also, technically the law only requires child support to be set on the first
$141,000 of combined parental income. Unless the joint income, however, is very substantial, it will typically not change on the income above the $141,000 level.
What Does That Child Support Payment Cover?
The basic amount is to cover food, clothing and shelter.
Are There Additional Payments?
Yes. These are called “add-ons”. Mandatory “add-ons” include childcare and unreimbursed health expenses. Discretionary “add-ons” include private school, activities and summer camp. Generally, “add-ons” are paid in proportion to both parent’s combined income. For example, if one parent earns $30,000 and the other earns $60,000, then the “add-ons” will be paid 1/3 – 2/3.
Can The Amount Paid Change?
For orders set prior to October of 2010, it is very hard to either a lower or higher amount of child support.
But for orders set after October of 2010, it is quite easy to change the amount paid. If at least three (3) years have passed since the last Child Support Order was issued by the Court, then there can be a recalculation. Also, if the income of either the parent paying the support or receiving the support has changed by at least fifteen percent (15%) since the last Child Support Order was issued by the Court, then a change can be made, regardless of how much time has elapsed.
But remember, nothing can be modified without the Court issuing a new Order. If you want a change, it is your responsibility to go back to Court.
Is The Person Who Receives the Money Forced to Spend It In A Particular Way?
No. Although the money is intended to be used for the welfare of the child, the Court has no power to dictate how it is spent. Perhaps shockingly, anything can be done with the money, and it could not be spent on the child at all.
What If the Child Doesn’t Need the Money?
Let’s say the child is a successful actor, making lots of money. Yes, the law still requires child support to be paid.
Let’s say the parent receiving the child support has a lot of money of their own. Yes, the law still requires child support to be paid.
Let’s say the parent paying the support is on Social Security Disability and by receiving such benefits the child themselves also receives their own monthly check from the Federal Government? Yes, the law still requires child support to be paid.
Finding the best Manhattan child support lawyer can make all the difference in the world. Reach out now to meet with one of our experienced child support lawyers at the Law Offices Gildin and Chapman. Our attorneys have over two decades of experience handling the most difficult situations. We offer convenient office hours, 24/7 emergency assistance, and flexible financing and payment options designed to help you move forward more easily.
