New York Child Support Now Supports Higher Salaries
December 8, 2009
(Great Neck,N.Y.)-As of January 31, 2010, the legislature has amended the salary cap for child support that falls under the automatic percentage formula from $80,000, up to $130,000.
All families with a combined income up to this $130,000 cap will be subject to this standard formula for determining child support. For combined incomes over $130,000, the cap will be used up to the $130,000 portion of their income and the remainder of child support will be negotiated based on additional income.
Before the law was changed, if there is a divorcing couple with a combined income higher than $80,000, the amount of money above the cut off amount is negotiated separately and could result in many different outcomes. The goal is to have the additional salary divided in a similar proportion to the automatic percentage formula amount but this is not always easy to agree on by opposing attorneys and sometimes there are long term factors and complicating factors that make the formula lean one way or another.
The new amendment accomplishes raising the automatic formula dollar amount combined income cap to $130,000 to be more in keeping with current average salary amounts.
Jackie Harounian, law partner at Wisselman, Harounian & Associates states “In actuality, New York Courts in Nassau County, New York City and Westchester have been going above and beyond the $80,000 cap for quite some time. So the law is catching up with reality and cost of living increases especially in expensive areas of New York.”
The child support percentage is not changing. It remains at:
17% of the combined parental income for one child
25% of the combined parental income for two children
29% of the combined parental income for 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 will be a child support standards chart published annually by the New York State Office of Temporary and Disability Assistance, Division of Child Support Enforcement. For a detailed, legal explanation of all factors used by the court in calculating a child support obligation, section 413 of the Family Court Act can be consulted.
The law firm of Wisselman, Harounian and Associates was established in 1976 and is dedicated to serving our Long Island and Metro New York clients and the community, here to assist with legal matters that come about during the course of raising a family and growing a business. It is the firm’s goal to develop long-term client relationships, during which they can help protect clients’ legal interests throughout their many phases of life. This can include handling matrimonial or family law concerns, buying or selling a home, running a business, or estate planning.
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