Child Support Obligations Calculated

The presumptive, basic New York child support obligation is calculated by multiplying the parties’ combined incomes by the applicable child support percentage listed below:

  • For one child: 17% of the
    combined parental income
  • For two children: 25% of the
    combined parental income
  • For three children: 29% of the
    combined parental income
  • For four children: 31% of the
    combined parental income
  • For five or more children: No less than
    35% of the combined parental income

The non-custodial parent’s obligation is based on his or her pro rata share of the combined parental income. In addition, a judge may order the non-custodial parent to pay a pro rata share of the subject children’s medical, child care, and education expenses. These additional sums are above and beyond basic child support. The matrimonial attorneys at Rapaport Law Firm have represented New York residents in child support matters since 1995. If you have a legal dispute involving child support, it is essential for you to obtain legal representation by an experienced child support lawyer in New York. Contact the matrimonial lawyers at Rapaport Law Firm now to speak with an experienced New York Child Support Attorney.

Enforcement of Child Support Obligations in New York

In New York, as in other states, failure of an obligor to pay child support may lead to the suspension of his or her license to operate a motor vehicle. Not surprisingly, many parents who have openly disregarded their child support obligations find themselves in a state of panic when they receive notice that within a matter of mere days, their obstinacy could cost them their ability to legally drive. The rules governing the suspension of drivers’ licenses as a result of child support arrears are set forth in Section 510 of New York’s Vehicle and Traffic Law. The law requires that the Department of Social Services notify the Commissioner of Motor Vehicles of persons who are in arrears as to their child support obligations and/or combined child support and spousal support obligations.

In general, under New York law, drivers’ licenses can be suspended if the amount of past-due child support is greater than four (4) months of the current obligation, and the obligor is not paying via an income execution. The suspension of motor vehicle license privileges constitutes a powerful enforcement tool. Our law firm has successfully represented thousands of clients in child support enforcement matters, and we offer aggressive legal help for parents seeking to enforce NY child support obligations, as well as payor spouses who find themselves burdened the myriad of rules, regulations and procedures applicable to child support collection in New York.

Child Support obligors who receive notice of a pending suspension due to child support arrearages have several options. First, they may request a suspended license. Typically, this is done so that the payor/obligor may continue to work. The conditional license may provide that the obligor is permitted to drive to and from work, as well as during work if the employment requires driving.

Alternatively, he or she may request a “hardship exemption.” Such exemptions are discretionary, and a request would entail a personal appearance at your local office of New York’s Support Collection Unit (SCU).

In order to determine which of the above options is most appropriate, and the best strategy for avoiding a suspension, it is advisable to consider retaining an experienced New York child support lawyer or NY divorce law firm, such as Rapaport Law Firm PLLC. We have fifteen years of experience handling NY divorce and family law matters.

NY divorce attorney Marc A. Rapaport represents New York and New Jersey residents in all matrimonial and family law matters, including matters involving the collection and/or enforcement of child support obligations. Mr. Rapaport has successfully represented thousands of New York and New Jersey residents in uncontested and uncontested divorce cases, child support cases, and other family law matters in Supreme, Superior and Family Courts. Call us today for a consultation with an experienced NY divorce lawyer: (212) 382-1600. Our law offices are conveniently located in Midtown Manhattan, in the Empire State Building.