Divorce or family law issues for unmarried people is a complicated time for any couple, but situations can become far more complex when children are added into the mix. Not only do New York divorce attorneys and the New York Supreme or Family Courts need to determine who should provide care for those children in terms of custody, but they must also decide whether and what child support should be given from a non-custodial parent. If child support is awarded, then the New York Courts may use a range of factors to determine exactly how much should be given. The decision comes from a careful consideration of both the payor’s income, the custodial parent’s income, the child support guideline’s and reasons to deviate from the guidelines.
Before a payor’s income can be used to calculate child support payments, certain deductions may be applied to the total earning potential of the individual. The New York Child Support Standards Act provides a formula based on percentage of income, to determine exactly how much support should be paid. Deviations from the guideline amount of support can be argued or negotiated by family law attorneys or divorce lawyers. The Child Support Standards Act indicates that there are numerous things that can be deducted from a person’s income before the formula is applied, including:
- Maintenance/ alimony to be paid to the current spouse
- Maintenance/ alimony paid to a previous spouse
- Child support paid pursuant to a written agreement or court order for a child for whom the parent already has a duty of care.
- Supplemental security income
- Public assistance payments
- New York City earnings or income taxes paid
- Federal insurance contributions act taxes paid
- Unreimbursed employee business expenses
This blog will briefly discuss, what are unreimbursed business employee expenses? Continue reading