| The amount of child support depends on the parents' | | | | child support. |
| income. For families where the combined income of | | | | Once child support is set, payments may be paid |
| both parents is under $120,000, the state of New | | | | directly to the custodial parent or to the Support |
| York set Child Support guidelines. They are: | | | | Collections Unit (“SCU”). SCU will then send |
| - 17% of the combined parental income for one child; | | | | the money to the custodial parent. Payments may be |
| - 25% of the combined parental income for two | | | | directly withdrawn from a salary in some cases. |
| children; | | | | If a person does not pay child support, a |
| - 29% of the combined parental income for three | | | | “violation petition” may be filed. The petition |
| children; | | | | may ask the court to take action against that party. |
| - 31% of the combined parental income for four | | | | A hearing is then held to decide whether the |
| children; and | | | | respondent is indeed in violation. The support |
| - no less than 35% of the combined parental income | | | | magistrate may enforce the order by ordering the |
| for five or more children. | | | | SCU to take the payments directly from the |
| In reality, the only thing that matters is the income | | | | respondent’s paycheck, by ordering the |
| of the non-custodial parent, who must pay a certain | | | | respondent to pay a lump sum to reduce the amount |
| percentage of their salary to the custodial parent. | | | | of money owed to the custodial parent, or by taking |
| While in theory both parents must spend 17% (or | | | | other steps to collect the money owed, such as |
| 25%, 29%, 31%, etc.), since it is the non-custodial | | | | suspending the respondents driver’s, |
| parent who gives money to the custodial parent, | | | | professional, and business licenses. Additionally, a jail |
| that's the only person whose income matters. If your | | | | sentence of up to six months may be imposed. |
| annual salary is $50,000 and you have one child, you | | | | If there is a change in circumstances – such as |
| will pay $8,500 no matter whether the custodial | | | | job loss, increased or decreased salary – both |
| parent is making $500,000 a year or nothing at all. | | | | parties may petition to modify the order. The party |
| If you have two children with two different people, | | | | seeking a change in the order must file a modification |
| you must pay 17% for each child. Likewise, if you | | | | petition containing a statement explaining the change |
| have two children each with two different people, | | | | in circumstances. The court then holds a hearing to |
| you must pay 25% to each of the two parents of | | | | consider changing the order. |
| your four children. If you are already paying child | | | | It is very important to file to change the child |
| support and another person is demanding child | | | | support order if you lose all or part of your income. |
| support for your other children, you may get credit | | | | In New York state, arrears cannot be changed prior |
| for your present payments, thus reducing your child | | | | to the filing of the petition. That means that if you |
| support burden. | | | | wait several months to file to change the order after |
| Additionally, parents may be required to split other | | | | you’ve lost your job, you will still be responsible |
| costs, such as medical expenses (including any | | | | for the ordered child support, even if you will have |
| co-pays required by the insurance company), | | | | no way to pay. The magistrate will not be able to |
| baby-sitting, summer camp, private school and much | | | | help you by relieving your responsibility for arrears |
| more. | | | | prior to the filing of the petition, no matter the |
| When permanent child support may not be issued | | | | circumstances. |
| immediately, the magistrate may issue temporary | | | | |