The law directs that both parents shall be financially responsible for their children. At The Law Office of Brian A. Picarello will work with you to try to get the appropriate amount of child support needed to support your children.
Child Support in New York is governed by the Child Support Standards Act, known as the CSSA or simply “the guidelines” and is found in both the Domestic Relations Law 240 Section 1-b, and Family Court Act 413. The DRL is used for actions in Supreme Court, and the FCA applies proceedings in Family Court.
Basic child support is calculated in a two step process;
- The support based on the first $143,000 of combined parental income, and
- Support based on the combined parental income over $143,000.
In addition to the basic child support, DRL 240 requires that certain mandatory add-ons be included in all child support orders, such as unreimbursed medical expenses and day care.
Failure to pay child support is a crime, and there are remedies for collecting on delinquent support. Child support arrears is also NOT dischargeable in Bankruptcy.
Sometimes the courts will need to deviate from the guidelines and it is wise to have an attorney on your side to guide you through this complex issue.