If the paternity is determined, family courts will enter a child support order if the parents are no longer together.This will happen if the parents were never married, are divorcing or not living together. Child support is required until a child reaches the age of 18, or graduates from high school, whichever event occurs later. It was decided by the state Supreme Court that parents cannot be forced to pay for expenses related to higher education. However, if the parent has signed a written agreement to provide financial support for college, the agreement can be enforced by the court.
There are special cases when child support nys can be extended beyond the age of 18.For example, if a child is unable to support his or herself because of a physical or mental disability, additional support may be required. Each case is unique when it comes to the amount of monthly payments. The amount payable is based upon the monthly incomes after tax or the earning capacity of the parent. Income for support purposes includes factors such as salaries, wages, commissions, overtime pay, bonuses, rental income, interest and retirement income.Other sources that are taken into consideration include Social Security payments, and any most other entitlements, compensation or monetary awards.
If a person does not have any income, but is capable of working, the person may be assessed with an earning capacity.Instead of using gross tax income, the court uses the after tax incomes of each parental figure. Income for child support alternatively deviates from the supporter’s paycheck or yearly tax returns. It’s rather defined as gross income minus taxes, dues and other mandatory payments, such Social security and Medicare.
Alimony payments paid to the other party may or may not be considered.After monthly net incomes are calculated, the court applies specific guidelines from the individual’s residing state to determine the amount of support payable for the children. These state’s guidelines formula considers factors such as income, the number of children. An order for child support may also require payment of a portion of other costs such as medical coverage for the dependent spouse or children; medical expenses not covered by insurance; day care costs incurred while the support recipient is working or going to school; and private school expenses. The amount of child support may also be increased based upon the amount of the mortgage of the home the support recipient resides in with the children. However, the mortgage deviation is only applicable if the home is the marital residence and the divorce has not been granted.