How Much Is Child Support For Two Kids In NY?

11 Jan 2022
Discover how much is child support for 2 kids in NY? Unravel the factors, court's role, and services.

Understanding Child Support in NY

Understanding child support in New York (NY) starts with understanding the state's laws and regulations related to child support. It is important to understand how the Child Support Standards Act comes into play and when the obligation to provide support ceases.

The Child Support Standards Act

In New York State, the Child Support Standards Act (FCA) § 413 (1)(f) was established to ensure that child support orders are fair and consistent. The law aims to provide children with the same standard of living they would have if their parents were together. This is a significant aspect of child support calculations and provides the foundation for determining "how much is child support for 2 kids in NY?".

The Act determines child support based on the noncustodial parent's adjusted gross income and the number of children involved. The court uses a standard guideline to calculate the child support amount, and it is further adjusted considering expenses such as child care, medical, and educational expenses.

Age of Support Termination

In New York State, child support is mandatory until the child reaches the age of 21. Parents are legally responsible for supporting their child until they reach this age. This means that the obligation to provide child support continues through the child's 21st birthday, unless otherwise stated in a court order [2].

This understanding of the Child Support Standards Act and the age of support termination in NY is crucial in calculating the cost of child support for 2 kids in NY. The following sections will further delve into the specifics of these calculations and the factors that influence the final amount.

Calculation of Child Support

The process of calculating child support is key to understanding how much a noncustodial parent may be ordered to pay in New York State. This calculation involves two primary factors: the adjusted gross income of the noncustodial parent and the number of children involved.

The Role of Adjusted Gross Income

In New York State, child support is determined based on the noncustodial parent's adjusted gross income and the number of children involved. This adjusted gross income is an essential factor that the court considers when calculating the child support amount. This income is further adjusted by considering expenses such as child care, medical, and educational expenses. The child is entitled to support until reaching 21 years of age [2].

The Child Support Standards Act in New York State (FCA) § 413 (1)(f) was established to guarantee that child support orders are fair and consistent, aiming to provide children with the same standard of living they would have if their parents were together.

Child Support Percentage for Two Kids

When it comes to determining the child support for two kids in NY, the basic child support obligation is determined by a formula that considers the combined income of both parents and the number of children being supported. In general, child support is calculated as a percentage of the parents' combined income. For two children, the percentage is typically 25% to 29% of the combined parental income. This percentage may increase if the income of the paying parent exceeds a certain threshold.

By understanding these calculations and the role of adjusted gross income, individuals can better anticipate the potential child support obligations for two kids in NY. However, it's important to note that these figures can vary based on the specific circumstances of each case. Therefore, consulting with a legal professional or using an online tool like the Child Support Calculator provided by the City of New York can be helpful [1].

Factors Influencing Child Support Amount

In New York, the calculation of child support for 2 kids or any number of children takes into consideration several factors. Two primary elements that significantly impact the final child support amount include the combined parental income and adjustments for additional expenses.

The Effect of Combined Parental Income

The basic child support obligation in New York is determined by a formula that considers the combined income of both parents and the number of children being supported. For two children, child support is typically calculated as 25% of the parents' combined income [3].

The court generally considers this percentage up to a combined parental income of $154,000 [4].

For combined parental income above $154,000, the court may determine child support based on the needs of the children and the standard of living they would have enjoyed if the parents stayed together [4].

Adjustments for Extra Expenses

Apart from the combined parental income, the court also takes into account additional expenses while calculating child support. This includes health care costs, extraordinary lifestyle expenses, and any support obligations for other children.

These extra expenses are factors that can significantly alter the final amount of child support. For instance, if a child has special needs or medical conditions that require additional expenses, the court may adjust the child support amount accordingly.

Moreover, if the non-custodial parent has support obligations for other children, the court may consider this while deciding on the child support amount. However, it's important to note that these adjustments vary from case to case and are subject to the discretion of the court.

In essence, determining "how much is child support for 2 kids in NY?" is not straightforward. The calculation involves considering several factors, including the combined parental income and additional expenses. Moreover, the court's discretion plays a significant role in deciding the final child support amount.

Child Support in Shared Custody

Shared custody arrangements bring about unique circumstances in child support calculations. The Child Support Standards Act (CSSA) in New York State is still the guiding principle in these cases, but certain adjustments may be needed to reflect the shared parenting time.

Determining the Non-Custodial Parent

In New York State, in a 50/50 joint custody arrangement, the lower-earning parent is typically treated as the "custodial parent," and the higher-earning parent is usually responsible for paying child support. This designation is necessary for the application of child support guidelines under CSSA, regardless of the equal division of parenting time.

The "custodial parent" in this context is the parent who spends most of the time with the child. However, in a 50/50 custody split, both parents share equal time with the child. Therefore, the parent deemed "non-custodial" for child support purposes is typically the one with the higher income.

Adjustments in Equal Shared Custody

Shared custody arrangements do not alter the scope and methodology of the Child Support Standards Act (CSSA) in New York State, and the three-step statutory formula for calculating child support must be applied in all shared custody cases. However, there may be considerations regarding how expenses are affected by the time spent with the child.

Court decisions in New York State, such as Baraby v. Baraby and Carlino v. Carlino, have provided guidance on how to handle child support calculations in equal shared custody cases. They emphasize the need to consider specific expenses and reductions related to the time spent with the non-custodial parent. For example, if a child spends equal time with both parents, certain expenses (like housing) may be duplicated, and this should be taken into consideration when determining the child support amount.

In conclusion, figuring out 'how much is child support for 2 kids in NY?' in shared custody cases requires a careful examination of both parents' income, the time spent with each parent, and the associated costs. As always, the child's best interests are of paramount importance, and any arrangement should seek to ensure their needs are adequately met.

Child Support Services in NY

In the state of New York, there are specific services available to assist parents, guardians, and caretakers in ensuring that children receive the financial support they require. These services are designed to facilitate the process of calculating, collecting, and distributing child support payments.

Applying for Child Support Services

Application for child support services in New York is a straightforward process. Any parent, guardian, caretaker of a child, or child in need of support can apply for these services. Additionally, those who apply for temporary or safety net assistance automatically receive child support services, according to NY Child Support.

The application process involves completing an application form and providing necessary documentation regarding the child or children in question. This may include information about the child's birth, the parents' identities, and the financial situation of both parents. Once the application is submitted and approved, the child support services can begin.

Annual Service Fees for Child Support Services

In terms of cost, the annual service fee for child support services in New York is set at $35. This fee is applied after more than $550 of support has been collected and paid to the family. It's important to note that this fee is charged to the custodial parent once a year under specific conditions, as stated by NY Child Support.

The purpose of this fee is to cover the costs of providing child support services, including processing payments, enforcing orders, and providing customer service. Despite the fee, these services prove to be of great help in ensuring the children's financial needs are met.

The table below provides an overview of the annual service fee:

In answering the question of 'how much is child support for 2 kids in NY?', it's important to consider not only the calculated child support amount but also the costs associated with accessing child support services. This ensures a comprehensive understanding of the financial commitment involved in providing child support for two children in New York.

The Role of the Court in Child Support

When determining child support payments, the court plays a vital role in ensuring that the financial needs of the child are adequately met. The court's decisions are grounded in the Child Support Standards Act, which outlines the guidelines for calculating child support. This includes considerations such as the parents' income, the number of children involved, and the particular needs and expenses of the child.

Court's Role in Determining Support Amount

In the state of New York, the court uses a standard guideline to calculate what the noncustodial parent will pay for child support. This is based on the noncustodial parent's adjusted gross income and the number of children involved. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These calculations are made according to specific percentages based on the number of children involved [2].

For example, if the noncustodial parent has an adjusted gross income of $60,000 and two children, the court would calculate the child support obligation as follows:

When the combined parental income amount exceeds $183,000, the court may consider either the standard guideline percentages or other factors when determining the full child support obligation.

Court's Consideration of Parents' Financial Resources

However, determining child support is not solely about mathematical calculations. The court also takes into account the income and needs of the custodial parent, such as housing, food, and other expenses, when determining the appropriate support amount [4].

Moreover, recent legal cases in New York, such as Baraby v. Baraby and Carlino v. Carlino, have brought attention to the need for individualized analysis in child support cases. This includes considering factors like how time spent with the child affects expenses.

Additionally, the court may also consider other factors like health care costs, extraordinary lifestyle expenses, and any support obligations for other children when determining child support payments [4].

In conclusion, when calculating how much child support is for 2 kids in NY, the court considers a multitude of factors. It is not a one-size-fits-all calculation, but rather a complex process aimed at ensuring the financial wellbeing of the child.

References

[1]: https://www.nyc.gov/site/hra/help/child-support-calculator.page

[2]: https://childsupport.ny.gov/dcse/custodialparentinfo.html

[3]: https://www.divorcenet.com/states/new_york/child-support.html

[4]: https://snapdivorce.com/how-to-calculate-child-support-in-new-york/

[5]: https://www.sarilaw.com/articles/child-support/calculating-child-support/

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