Child Support Changes You Should Know About

Thirty years ago, the New York State Legislature enacted the Child Support Standards Act, also referred to herein as “the guidelines.” The statutory child support percentages, as applied to parents’ combined income for purposes of calculating child support purposes, are:

· 17% of combined income for one child,
· 25% of combined income for two children,
· 29% of combined income for three children,
· 31% of combined income for four children, and
· no less than 35% of combined income for five or more children.

The guidelines dictated that a certain percentage of combined parental income was what should be attributable to the expenses of the parties child(ren). The non-residential parent would then have an obligation to pay his/her pro-rata share of that percentage to the residential parent.

The 1980 law, however, instructed that, in cases where the combined parental income exceeded $80,000, an explanation as to why there was a deviation and as well, setting for the factors considered were required. If the case proceeded to trial, the Judge assigned to the case had the task of determining what percentage of the combined income would be applied to child support, using the percentages as set forth above as well as the factors enumerated in the statute. This means that, potentially, even if the non- residential parent earned six figures or more, the parent with residential custody might receive less than the statutory percentage. However, for most families, combined income did not exceed this amount, and the statutory percentages were applied to the full amount of combined parental income.

NEW CHANGES TO THE ACT

For years, parents and attorneys alike have been petitioning the Legislature to raise the $80,000.00 threshold as the incomes of families have increased along with their costs of living. As of January 31, 2010, the threshold was increased from $80,000 to $130,000. Additionally, support will continue to be subject to a cost of living adjustment [COLA] every two years taking into consideration the changes in the Consumer Price Index.

GROUNDS FOR MODIFICATION

What Do the Amended Guidelines Mean for Parents?

Parents with children should be aware that the courts maintain the right to modify child support obligations until the child reaches 21 years of age, or is otherwise emancipated. Such modifications may coincide with relevant changes in the parents’ financial circumstances, one child’s emancipation where there are other unemancipated children of the parties, or, at times, a change in the child’s residence. Downward modifications are most often sought by the non-custodial parent in cases of unemployment.

Contact Wand, Powers & Goody, LLP, for more information.