Chase Law

2480 Browncroft Blvd.

Rochester, NY 14625

585.662.8836

CarolynLChase@gmail.com

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Child Support

If you believe you are paying too much child support or are not receiving enough child support, I can review and calculate the appropriate amount that should be awarded.  I can argue for a deviation from the statutory guideline if the facts of your case warrant such deviation. Unusual situations may warrant such a deviation from the child support guidelines.  

  • To modify an existing child support order, a demonstration must be made that there has been a change in circumstances since the entry of the previous child support order.  Such as a job loss or an increase or decrease in income or financial circumstances.  

  • If a spouse has failed to pay child support, I will file a motion with the court to compel payment of your child support award.  This is called enforcement.  

  • Child Support laws in New York State hold parents responsible for the financial support of their children until the children reach the age of 21.

  • When a parent does not live with their child, they are required to pay child support to the custodial parent. Child support encompasses the following:

    • Cash payments based on the parent’s income and the needs of the child;

    • Health insurance or medical support for the child;

    • Payments for child care;

    • Payments for reasonable health care costs that are not covered by health insurance or regular medical support; and

    • Typically payments for educational expenses and extra-curricular expenses.

  • Support payments are based on combined parental net income. Each parent is required to submit a Statement of Net Worth to the court, which is a form listing all of a person’s financial information in detail, including income, expenses, assets, property, and debts. Once the court determines each parent’s income, it will add the amounts together and multiply that number by a percentage, depending on how many children the parents have together.  The percentages used are:

    • ​17 % for one child

    • 25 % for two children

    • 29 % for three children

    • 31 % for four children

    • No less than 35 % for five or more children

  • The resulting amount is then divided based on the proportion of each parent’s net income to the combined parental net income. This final calculation determines how much a non-custodial parent will be required to pay the custodial parent in child support.