Q: How does custodial parents income come into play when deciding what noncustodial parent will be obligated to pay ?
custodial parent annual salary $60,000.
Noncustodial parent is self employed does not claim a lot of income and only claims about $20,000 annually
A:
The calculation of child support is governed by the Child Support Standards Act (the "CSSA"). In New York, child support is calculated as a percentage of the combined gross income of a child's parents minus a FICA tax deduction. As of March 2020, the combined parental income is capped at $154,000.00. The percentage of income subject to child support is dependent upon the number of children included in the child support order.
Child Support Percentages:
One Child 17%
Two Children 25%
Three Children 29%
Four Children 31%
Five + Children no less than 35%
After calculating the overall child support obligation as a percentage of combined income, the non-custodial parent's child support obligation is based upon his or her overall proportion of combined income.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
