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November 2014 Archives

How is child support calculated?

In New York, child support owed by the non-custodial parent is calculated according to the Child Support Standards Act. This mandates that non-custodial parents pay a fixed percentage of income to the custodial parent until the child turns 21. For one child, it is 17 percent; for two, it is 25 percent; for three, it is 29 percent; for four, it is 31 percent; for five or more, it is 35 percent.

How does the court decide which parent gets child custody?

Before a judge in New York can make a ruling about which divorcing parent gets custody of a child, the court will have to determine whether or not it has jurisdiction in the case. In order for a New York judge to rule in a child custody hearing, the child must have lived in New York for at least six months. If the child is under six months of age, a court in the state where the child was born has jurisdiction.