Divorce is not a simple procedure for anyone. On the contrary, it is complicated and has its challenges. Though the courts of law in the land try to make the processes hassle-free and straightforward, there is a lot of emotional bonding involved, especially when it comes to child custody and support.
The decision for two parents to split is hard on children, and when determining the award for child support, the court will always consider the child’s welfare and future.
Ronald Phillips New York – An Eminent Divorce Lawyer
Ronald Phillips is an esteemed and credible divorce lawyer specializing in all the areas of family law. He is from Nyack, in New York, USA. According to Ronald Phillips New York, child support is an integral part of every divorce case where kids are involved. Both parents are concerned about them most of the time, and the court has to be very careful when exercising its discretion in such matters.
An Overview Of Child Support Laws In New York
New York has some legal guidelines when it comes to the calculation of child support. The award given to the child is based on the combined income of both parents. In this scenario, the custodial parent (the parent that takes care of the child) receives the child support award from the non-custodial parent (the parent that stays away from the child with no physical custody)
Factors Are Taken Into Consideration For The Calculation Of Child Support
The following are the key factors taken into consideration for the consideration of child support in New York –
- The financial resources of each parent.
- The special needs or health of the child.
- The standard of living the child is accustomed to.
The court also orders one of the parents to pay for the health insurance, medical expenses, or the child’s educational expenses. Under the laws of New York, child support obligations continue until the child becomes 21 years of age.
In cases where one of the parents has left a high-paying job or is earning a lower income, one can request the judge to reduce the award for child support. Here, the judge can impute the income to the other parent. This implies that the judge can assign the income amount to the parent based on earnings in the past. Both parents of the child have a financial duty to support them, and no parent can shirk child support obligations under the law.
According to Ronald Phillips New York, in the USA, when it comes to stepchildren, unless the stepparent has adopted the child legally, in most cases, the step-parent is not obligated to pay child support. However, when determining the award and the amount of their money the parent has in hand for paying child support, some states consider the step-parent’s income and their contribution to household expenses.