How Does Child Support Work in New York? Part Two (FAQ)

In my last blog post, I discussed determining who receives child support and how basic child support is calculated. But, the basics alone still leave a number of important issues to be addressed. Today’s post answers some of my most frequently asked questions regarding add-on expenses, deviating from the statutory child support guidelines, agreeing to child support amounts that differ from the statutory child support guidelines and other factors considered by the court. 

Is There Any Way to Deviate From the Child Support Award Set by the Statutory Guidelines?

Coparents may agree to a child support amount different than the calculations provide. This is referred to by the courts as a child support deviation. In doing so, however, the parties must provide the court with a legitimate reason for a deviation. The court can either approve or reject the deviation. If the parties cannot agree to a child support number, the court must implement the statutory calculation discussed above unless the parents have an exact 50/50 split of physical custody. 

In the event that the parents share equal physical custody of the child or children, the court may order a downward deviation from the statutory amount of child support. However, this deviation is not automatic, but rather at the discretion of the court based upon the parties’ income and the children’s standard of living. Where the parties earn very similar incomes it is much more likely that the court will lower the amount of the noncustodial parent’s child support obligation. However, if one parent earns significantly more than the other, there is less of a chance that the court will deviate. This is because the court wants to ensure that the standard of living is not much greater in one household than it is in the other, especially if the children are spending equal time in both homes. 

Why Would the Court Reject a Deviation Agreed Upon by the Parties?

If a court does not believe that the child support agreed upon by the parties is enough to cover the children’s needs or if there is any chance that the children will become wards of the state, meaning that they will need financial assistance like SNAP benefits to make ends meet the court will not approve the child support. 

Will the Courts Deviate from the Statutory Child Support Amount if I Have Other Children? 

Noncustodial parents who have prior child support obligations for a different relationship are entitled to a reduction in their income for the purpose of calculating the new child support order. In order for a noncustodial parent to receive a credit for the child support they are required to pay, he or she must present a court order that predates the current child support proceedings or provide proof of an out-of-court agreement, which may include testimony, as well as proof of payment. Children who reside with the noncustodial parent will not provide a reduction in a parent’s child support obligation. 

What Are Add-on Expenses? 

Child support obligations do not end with the basic child support calculated in Part One of this blog post. As discussed, basic child support only covers a child’s food, shelter and clothing, but what about everything else? Add-on expenses include childcare costs and medical expenses at minimum. The pro rata shares calculated in Part One of this article are used to determine how the child support add-on expenses will be divided and paid between the parents. 

Childcare expenses include the reasonable costs of daycare, preschool, summer camp used for childcare and babysitting expenses that can be substantiated or proven by the custodial parent. The cost of the services will be divided based upon the pro rata share of the parties’ incomes. 

Healthcare expenses include the difference in the cost of premiums for an individual healthcare plan and a family healthcare plan, copays, and prescription drug costs, as well as other legitimate out-of-pocket medical costs. 

Is a Parent Who Pays Child Support Obligated to Pay for Private School Expenses? 

At the time of the divorce or application for child support, if the children are enrolled in private school or catholic school on consent of the parties, the court will expect the parents to maintain the status quo. Simply because there is now a child support order in place does not mean the children should be uprooted from their school. 

Are Extracurricular Activities an Obligation of Child Support? 

For the most part, the answer is no. However, standards vary from county to county and there is law to support that the parents should continue to pay for the reasonable costs of extracurricular activities. This is something that should be explored more in depth with an attorney of your choosing.

How Can I Request that the Child Support Order Go Over the Statutory Cap? 

In order for the court to calculate the parent’s income over the statutory cap of $154,000, the custodial parent has to show a basis for this request. For example, if the parties earn significantly more than the cap and the children are used to a much higher standard of living, the courts may calculate income over the cap. The flexibility of doing this varies from county to county. In the five boroughs the courts are more conservative with applying the cap, whereas in Nassau County and Suffolk County the courts are inclined to go over the capped amount. 

Can I Request an Accounting of How the Child Support Money is Being Spent? 

Plain and simple, the answer is no. The court does not expect for a custodial parent to account for how he or she is spending the child support award. The court expects that a portion of the child support is utilized to pay the rent or mortgage, as the children reside in the home. The court also expects that the money is used to pay utilities, groceries and other household expenses that the children enjoy. While it may be frustrating if you believe that a parent is mismanaging their expenses, the court will not get involved in those types of disputes. 

Stay tuned for my upcoming blog post regarding child support modifications, which will be up later this week! 

If you have questions regarding child support order or child support awards that have not been addressed in Parts One and Two of this blogpost, please do not hesitate to contact our office for a free consultation by phone, email or messaging at your availability.