Any party has the right to bring an action for child support for support of a minor child against another party.

If the parties were married when the child was conceived or born, the action can be brought at any time, even if the parties are still married.  The right to child support is retroactive to the date of the filing the petition for support.
If the parties were not married, unless both parties executed an acknowledgment of paternity at the hospital, there must first be an action brought for paternity, and the court must first enter an order of filiation.  Upon the entering of the order of filiation the court then can determine child support, with the right to support being retroactive to the date of the filing of the petition for paternity.

Child support in New York is determined by applying the Child Support Standards Act (CSSA). Child support in New York is applicable for any children under the age of twenty one (unless the child emancipates earlier). The CSSA calculation utilizes a mathematical formula that multiplies the adjusted gross income of the parents against a percentage based on the number of children and allocates the child support payable by the non-custodial parent in the same percentage as the non-custodial parent's share of the total parental income (commonly referred to as the pro rata share).

Adjusted gross income is determined by deducting FICA tax paid, city tax paid, any child support payable by court order, maintenance payable, and other allowable deductions from each party’s gross income.
The percentages for child support are as follows:

17% of the combined parental income for one child
25% of the combined parental income for two children
29% of the combined parental income fir three children
31% of the combined parental income for four children
No less than 35% of the combined parental income for five or more children.

There are add-ons to the child support obligation for health insurance, health expenses that are not covered by insurance, child day-care expenses and educational expenses.  The add-ons are allocated with each party paying their pro rata share.

Instead of following the CSSA, the parties can sign an agreement that opts out of the CSSA, which agreement would deviate from the amount of child support as calculated under the CSSA.  The deviation can be for more support or less support.  The requirements for an opt out agreement are very strict; their must be a full calculation and recitation of the amount of child support that would have been payable under the CSSA and a waiver of the same.  The opt out agreement can be modified by the court if there is a significant and unanticipated change in circumstances or if the child becomes a public charge.

When dealing with the determination of child support, it is imperative that you have experienced legal representation by a lawyer who is fully familiar with the Child Support Standards Act. The attorneys at the Law Offices of Paul A. Boronow, P.C. regularly have trials regarding CSSA application, modification and enforcement, and regularly draft agreements for clients to opt out of the CSSA and set an amount of child support that deviates from the amount as required by the CSSA.

If you are contemplating making an application for child support, or if you have received a letter from an attorney or a summons for child support, you should consult with experienced matrimonial and family law attorneys without delay so you can determine and protect your legal rights.

The lawyers at the Law Offices of Paul A. Boronow, P.C. have been drafting agreements for child support and prosecuting and defending actions for child support across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results.  We are aggressive and dedicated and remain a mere phone call away.

Contact us about your legal matter today!