Are you paying too much in child support?
There are many individuals that are overpaying Child Support payments. The law says that you can modify your Child Support payments if you have experienced a Change in Circumstances since the last child support order was made.
Many individuals, despite having changed circumstances, sit around and let arrears build up to an unmanageable amount before applying for a Modification. Please be advised that until you apply for a Modification of your existing Child Support Order, your arrears will continue to rise.
Child support is calculated based upon the adjusted gross income of the Non-Custodial Parent.
If a party believes that NCP’s Annual Child Support Obligation is unjust or inappropriate, the party can ask the Court to order the Non-Custodial Parent to pay an adjusted amount after considering the 10 child support adjustment factors pursuant to DRL Section 240(1-b)(f).
If the Combined Parental Income exceeds $154,000, the Court may award an additional amount of child support. In making such decision, the Court will consider the 10 child support adjustment factors and/or the child support percentages of 1 child =17% of the Non-Custodial Parent’s income; 2 children =25% of the Non-Custodial Parent’s income ; 3 children =29% of the Non-Custodial Parent’s income; 4 children =31% of the Non-Custodial Parent’s income; and 5 children =35% of the Non-Custodial Parent’s income.
CHILD SUPPORT ADJUSTMENT FACTORS PURSUANT TO DRL Section 240(B-1)(F) (CH. 567 of the Laws of 1989) FOR ADJUSTMENT OF AWARD OR WHERE COMBINED PARENTAL INCOME EXCEEDS $154,000:
- The financial resources of the custodial and non-custodial parent, and those of the child;
- The physical and emotional health of the child and his/her special needs and aptitudes;
- The standard of living the child would have enjoyed had the marriage or household not been dissolved;
- The tax consequences to the parties;
- The non-monetary contributions that the parents will make toward the care and well-being of the child;
- The educational needs of either parent;
- A determination that the gross income of one parent is substantially less than the other parent’s gross income;
- The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are not subject to the instant action and whose support has not been deducted from income pursuant to subclause (D) of clause (vii) of subparagraph five of paragraph (b) of this subdivision, and the financial resources of any person obligated to support such children, provided, however, that this factor may apply only if the resources available to support such children are less than the resources available to support the children who are subject to the instant action;
- Provided that the child is not on public assistance (i) extraordinary expenses incurred by the non-custodial parent in exercising visitation, or (ii) expenses incurred by the non-custodial parent in extended visitation provided that the custodial parent’s expenses are substantially reduced as a result thereof; and
- Any other factors the Court determines are relevant in each case, the Court shall order the non-custodial parent to pay his or her pro rata share of the basic child support obligation, and may order the non-custodial parent to pay an amount pursuant to paragraph (e) of this subdivision.
Child support can be a difficult matter to navigate through, which is why hiring the right counsel can make all the difference in winning your case.