A New York court uses several criteria to determine a proper child support order during a child support hearing. Primarily, in a New York court, parents of children under the age of twenty-one must provide for their support. Here is some more information about factors considered in a New York child support case:
Income Sources
In addition to gross income reported on a federal tax return, a New York court will consider the following forms of payments as income:
- Workers' compensation
- Disability payments
- Pension and retirement benefits
- Unemployment payments
- Stipends
- Annuity payments
Non-Income Based Child Support Factors
In addition to income-based child support obligations, a judge may order a parent to:
- Add a child to the parent's health care coverage. If a non-custodial parent has access to health insurance, a New York court may expect a parent to contribute
- Provide cash medical support. If a non-custodial parent does not have access to health coverage, a New York court may expect the parent to contribute to a public, managed care plan in order to support the child's medical needs.
- Contribute to child care expenses. When a custodial parent is pursuing an education that will lead to employment and incurs child care expenses as a result of the parent's absence, the non-custodial parent may be expected to contribute.
Special Circumstances to Warrant Additional Educational Expenses
A New York court may award an additional and future child support award based on the following:
- Future educational support for private or post-secondary education
- The special educational needs of a child
- The best interests of the child
Married Couples
If a parent has married or remarried, a New York court will expect the parent to submit a sworn individual income statement to the court because child support obligations are the sole responsibility of the child's parents.
For more information about factors considered in a child support order in New York, speak with a qualified attorney in New York or refer to the New York Family Act.