Mr. Perskin speaks about how child support is calculated according to the formula in the Child Support Standards Act.
Child support in New York is set by a formula and it is done by the child support standards act and in that act judges apply a percentage, 17% for one child, 25% for two children, 29% for three children and 31% for four children and it goes up. Judges have a lot of discretion, unfortunately, if you make less than $80,000.00 a year, the judges have no discretion. So if you make less than $80,000.00 per year, child support is straight percentage, but in addition to paying the straight percentage on your salary under the law in New York State you must pay your proaddishare of child care and your proaddishare of unreimbursed medical.
If you make more than $80,000.00 a year the judges have discretion and do not have to apply the formula and the way judges will determine child support on incomes of $80,000.00 a year is they will look at the standard of living the children enjoyed if your marriage stayed together, they will look at what extracurricular activities your children are in, they will look at where your children live, they will look how much the custodial parent has to pay for rent.
When you hire me to defend or to get child support on behalf of your children, you are going to have somebody sitting next to you that knows the system, you are going to have somebody sitting next to you that knows how the judges are going to rule and you are going to have somebody giving you advice on how to prepare your case for your trial.
Divorce Attorney Brian Perskin explains how alimony or spousal ...