Child Support Laws in Albany

According to New York Domestic Relations Law §240, the State of New York defines “child support” as a monetary payment for the care, maintenance, and education of any minor child. Any child under the age of 21 years may be eligible to receive child support.

Generally, Albany courts determine child support amounts in accordance with specific formulas. Under NYDRL §240, courts calculate child support based on both the number of children needing support and a pro rata percentage of combined parental income, as listed below:

  • Seventeen percent for one child
  • Twenty-five percent for two children
  • Twenty-nine percent for three children
  • Thirty-one percent for four children
  • Thirty-five percent or more for five or more children

NYDRL §240 defines “combined parental income” as the sum of the income of both parents. For the purposes of calculating child support, parental income includes salary, wages, and certain government or insurance benefits. New York State law also classifies veterans’ benefits as income, which may be of special interest to military parents. An Albany military child support attorney can provide further information and clarification on income calculations and support payment amounts.

Additional Payments for a Child’s Health or Welfare

In addition to child support payments, parents in Albany may need to provide medical support for their children, including payments to cover the cost of medical insurance. Additionally, if you have custody of your child and incur child care expenses due to your work schedule, the other parent could be required to pay a proportional share of these expenses. For example, if a military parent needs to pay for child care services while they are on duty, then they may be eligible to recoup part of those costs.

Inappropriate or Unjust Support Payments

In certain instances, courts in Albany may find that the mandated amount of child support is inappropriate or unjust. As noted in NYDRL §240, such a finding may be based on one or more of the following factors:

  • Financial resources of both parents
  • Physical and emotional health of the child and that child’s needs
  • Non-monetary contributions of each parent to the child’s welfare
  • Educational needs of either parent

If it determines an adjustment is necessary, the court may then order child support payments that it deems fair and just under the specific circumstances of the case. A military child support lawyer in Albany could help you petition for such a change and formulate an argument in favor of one.

Let an Albany Military Child Support Attorney Help

Military parents face many challenges, among the most critical of which is determining how to maximize time spent with their children. One thing they should not have to worry about, though, is how to financially support their family.

If you are a military parent having issues with child support, do not hesitate to call a dedicated Albany military child support lawyer as soon as possible. The hard-nosed legal team at Tully Rinckey PLLC can analyze your case to see how much child support you may be entitled to and go to court on your behalf to give you the best chance at obtaining an equitable child support arrangement.

Our firm is committed to helping military families. Contact us today for a consultation by calling (518) 218-7100 or emailing info@tullylegal.com.

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