Special Factors Influence Child Support Amounts
In New York, there are certain formulas that judges use to calculate how much child support is owed by one parent to another after a divorce. If you feel as though your case may be an exception to the rule, you have the ability to inform the judge of special circumstances.
Examples of situations where child support may need to be more than what the guidelines suggest may include the following:
- You have a child with special needs. If a child is disabled or has special needs that require additional care or medical treatment, state-recommended child support amounts may not be enough to provide proper care for your child. Increased support may also be needed to maintain a child’s particular passion for an interest such as a musical instrument or membership in a sport’s team.
- Your spouse earns considerably more than you do. If you have primary custody of your children, but your child’s other parent makes a significant amount more than you do, a judge may require the noncustodial parent to pay more than the state’s recommendation. This can also apply if the child’s noncustodial parent has a substantial amount of assets, or if their job provides special compensation measures such as company-provided cars or housing.
Conversely, situations exist where a parent may be required to pay less than what is typically required, including:
- A noncustodial parent does not have adequate funds. Sometimes a parent has experienced a change in their income level and is no longer able to pay the same amount of child support. In this case, a judge may reexamine the total child support required and lower it to a manageable amount.
- The state’s guideline requires an excess of the child’s situation. If a noncustodial parent earns a salary that is greatly above the average person’s income, the state-guided formulas may require a payment of more than what is needed. In this case, the court may lower child support payments to a reasonable amount for the parents’ and child’s circumstances.
For more information and guidance on this important issue, consult an experienced Long Island child support lawyer at Bryan L. Salamone & Associates, P.C.