Divorce Lawyers Directory Blog

Most states have enacted laws requiring non-custodial parents to pay child support for all dependent children in the event of a divorce. While the rules for calculating child support vary from state to state, many states have simplified this process by awarding child support based on a percentage of the non-custodial parent's income. However, there are a variety of factors which can make this simplified calculation much more complicated.

Editor's note: The following illustration of this point is based on New York State child support laws. It is important to understand that in other states, the laws might be slightly different. Therefore, you will need the assistance of a divorce attorney who is familiar with your state's child support laws.

In the state of New York, non-custodial parents are required to pay child support based on the following percentages of their gross income:

• 17% for one child
  
• 25% for two children
  
• 29% for three children
  
• 31% for four children
  
• At least 35% for five or more children
  

If all of your children were with the same partner, this calculation is quite simple. For example, if a man has a gross income of $100,000 and four children, he will have to pay the mother $31,000 a year in child support if they get divorced and she is awarded custody of the children. However, if this same man fathered a child with a different mother prior to marrying his wife, this additional child will have to be accounted for when determining his total child support payments.

In this case, the mother of the first child would receive $17,000 as dictated by state law. This total would then be deducted from the man's gross income before determining his child support payment to his ex-wife. Therefore, instead of receiving $31,000 for their four children, she will only be entitled to $25,730, which is 31% of the remaining $83,000 that makes up his gross income.

This is just one example of how determining child support can become more complicated than it appears. In order to ensure that your child support is calculated properly, you will need the assistance of an experienced family law attorney.