New York residents who have children—whether through marriage or not—have a legal responsibility to care for those children. For some people, that means paying child support. Obviously, this can be a touchy legal issue, since it directly impacts a person’s finances. A dispute can easily erupt.
If you believe your child support issue is headed for difficulty, it is important to familiarize yourself with the basics of how child support is determined and ordered. For starters, a child support order will go hand in hand with a child custody and visitation order—in most cases. The “non-custodial” parent—the one who doesn’t have primary physical custody of the child—is the one who will usually be ordered to pay child support.
Applying a formula
In New York, a mathematical formula is used to determine how much a parent must pay in child support. The incomes of both parents are considered, as are a number of other factors. However, as simple as it might seem to just “plug in the numbers” and come up with a regular child support amount, the reality is that a family law judge usually has some discretion when it comes to setting the ultimate amount, based on a variety of factors.
The facts of your case are unique, which means that you may need to spend some time coming up with a unique approach to your child support dispute. Obtaining the right information and knowing the basics might go a long way to helping you get your dispute resolved.