How to Determine Child Support in New York WHO PAYS CHILD SUPPORT?
HOW MUCH IS IT IN GENERAL? Child support is paid to the parent who lives with the children by the parent who does not live with the children. Child support is usually based primarily upon the most recent filed tax return (although courts will base it on actual income if the return has been falsified.) Courts also will look back several years in some instances. Child support is based upon gross, not net, income, which comes as a surprise to some individuals. The amount of child support is determined by the New York statutes, which give specific guidelines. Indeed, a separation agreement must recite the child support that would have been due under the Child Support Standards Act to be valid in New York. (One more reason not to “do-it-yourself.”) Couples can modify child support by agreement to some degree, but Courts keep a close eye on the welfare of children. DO THE COURTS BASE CHILD SUPPORT ON THE NUMBER OF CHILDREN THE COUPLE HAS? In general, the amount of child support is determined
