Under New York law, the “non-custodial parent” must pay child support to the “custodial parent.” Child support is determined by a percentage of income of a parent’s adjusted gross income for child support purposes. To make it simple, Social Security and City tax is deducted from the parent’s gross income. If the non-custodial parent is paying maintenance (alimony) to the custodial parent, that amount is also deducted from the gross income, as well. Then, based on the parties’ respective proportionate share of the combined gross incomes, the non-custodial parent will pay 17% for one child, 25% for two children, 29% for three children, and 31% for four children. This figure is the basic child support obligation and is presumed to be the appropriate amount for child support.
In addition, the parties share un-reimbursed health related expenses and child care. The non-custodial parent will pay a proportionate share of child care only if expended because the custodial parent is working outside the home or attending school that will lead to income producing income. Babysitter costs incurred by a parent for “Saturday night dates” or other such expenditures do not get divided. The non-custodial parent is entitled to know the name, address and social security number of the child care provider.
Generally speaking, except in the case of an emergency or mutual consent, the custodial parent must use “in-plan” health care providers before the non-custodial parent becomes obligated to pay a proportionate share of the health related expense.
With respect to educational expenses, a non-custodial parent is generally not obligated to pay primary school tuition; the statute says that the non-custodial parent may be ordered to pay secondary school (high school) and college, both based on a pro rata share of the parties’ respective incomes. However, if the parents had previously agreed to provide a private elementary school education for the child(ren), the non-custodial parent may be obligated to pay a proportionate share of the elementary school tuition and expenses. This obligation is based and decided on a case-by-case basis.
Parties meed not be married to one another to obtain an order of child support. The custodial parent, whether married or not to the non-custodial parent of the child, can seek an order of child support from the court.
Philip S. Milone, has handled many hundreds of child support matters, within the matrimonial action or child support cases brought on their own in the Family and Supreme Courts.
