Buffalo Child Support Lawyers

When two parents separate, the dust doesn’t settle easily. There are feelings, adjustments, and, perhaps most importantly, children whose lives are about to change in ways they can’t control. In New York State, both parents are required to support their children financially, even after the relationship itself has ended. Continue reading and contact the dedicated Buffalo family lawyers here at Raimondo & Sundquist LLP to learn more about how child support works in New York and how our legal team can assist you.

The New York State Child Support Standards Act (CSSA)

When it comes to child support, New York follows the Child Support Standards Act, or CSSA for short. The CSSA sets out a formula that courts use to determine how much support a noncustodial parent, meaning the parent who doesn’t have primary physical custody, should pay to the custodial parent. It’s meant to be fair, consistent, and predictable, though in real life, it can feel anything but simple.

Under the CSSA, both parents’ incomes are combined, and then a percentage of that total is applied depending on how many children are being supported. The basic percentages are as follows:

• 17% for one child
• 25% for two children
• 29% for three children
• 31% for four children
• At least 35% for five or more children

The total figure is then divided based on each parent’s share of the combined income. The court then looks at whether applying this formula is fair and appropriate under the circumstances. Because not every family fits neatly into a formula, judges are allowed to deviate when sticking strictly to the CSSA would lead to an unjust result. In other words, while the CSSA provides a starting point, it is not the final word. Judges look deeper at the full picture before issuing a child support order, taking into account each parent’s situation and the child’s needs.

Additional Factors Considered

While the CSSA is the foundation, the court doesn’t stop there. Every family is different, and the law recognizes that no two cases are even identical. In deciding child support, judges also consider a range of additional factors. Some of those are as follows:

• Each parent’s financial resources, including income, property, and other assets
• The financial needs of the child, including school costs, medical care, and extracurricular activities
• The standard of living the child would have enjoyed if both parents had remained together
• Each parent’s educational background and earning capacity
• The tax consequences for each parent
• The non-financial contributions made by each parent, such as providing daily care or transportation
• The health and special needs of the child, if any
• The disparity in income between the two parents
• The costs associated with visitation, especially when travel is involved
• Any other factor the court deems relevant

When Does Child Support End in New York?

In most cases, child support in New York continues until the child turns 21. That said, there are certain situations that can cause support to end earlier or last a bit longer. Child support typically ends if:

• The child becomes emancipated, meaning they are financially independent before turning 21. This may happen if they get married, join the military, or obtain full-time employment and move out on their own.
• The child leaves the custodial parent’s home and becomes self-supporting.
• The parents reconcile and resume living together with the child.

Child support can also continue beyond age 21 if:

• The child has a physical or mental disability that prevents them from becoming self-sufficient.
• The parents agree in writing, often through a divorce settlement, that support will continue through college or until a degree is completed.
• The court finds that extending support is necessary based on the child’s educational or medical needs.

Child Support Modifications

Life doesn’t stand still, and the circumstances that once made sense when your original child support order was issued may no longer apply. In these cases, either parent can request a modification if there has been a substantial change in circumstances. Some of the most common reasons a court may consider modifying child support are as follows:

• A significant change in income, whether an increase or decrease
• A change in custody arrangements, such as when the child begins living with the other parent
• A change in the child’s needs, such as new medical or educational expenses
• A parent’s remarriage or the birth of additional children
• A cost-of-living adjustment or major inflationary change
• The passage of three years or more since the last order was entered

It’s important to understand that modifications are not automatic. The parent requesting the change must file a petition and provide evidence, such as tax returns, pay stubs, medical bills, or other financial documentation, to support their claim. The court will then review the request and decide whether a modification is appropriate. Our child support lawyers can help ensure your needs are accurately represented.

Contact Our Erie County Divorce Lawyers

If you’re facing a child support matter of any kind, the knowledgeable and dedicated Buffalo divorce and family lawyers here at Raimondo & Sundquist LLP are here to help you. Contact us today so we can discuss your case.