The "Custodial Parent" (the parent who is awarded sole custody, legal custody, and/or physical custody) receives money from the "Non-Custodial" parent, usually monthly to the "Non Custodial Parent" and the amount is fixed by statute as a percentage of the gross income for the first $ 80,000.00 as follows:

• 17 % for one child
• 25 % for two children
• 29% for three children
• 31% for 4 children

If the gross income is over $ 80,000.00, the Judge may use the above percentages or in his or her discretion may take into account a variety of factors such as, the standard the child would have enjoyed had the marriage not ended, the financial resources of the parties, and other criteria.

Convincing the Judge that these other factors should or should not be taken into account and to what degree requires a seasoned divorce lawyer adept at negotiations, high quality writing of legal memoranda which are submitted to the Judge for review, and excellent oral advocacy.
Refusing to pay child support can result in, among other things, automatic deduction from your paycheck pursuant to Court order, loss of professional licenses such as architecture, broker's, nurse's and medical licenses, suspension of your New York driver's license, and contempt of court.

If you cannot afford paying child support, or if the needs of the children have changed thus requiring additional child support, consult us, because there are instances where a Family Court Judge will entertain an application for an upward or downward modification of your child support.