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Child Support Rules for Military Families

Posted on January 31, 2022

While the federal government requires U.S. military service members and veterans to pay child support for their custodial and non-custodial children, these federal regulations do not override individual state rules regarding child support.  Instead, they serve to enforce these laws by ensuring service members’ compliance with making their child support payments.  

The federal government also provides an interim guideline for calculating financial responsibilities when no legally enforceable agreement or state order exists.

When No Legally Enforceable Agreement or State Order is in Place

When no agreement or legal court order is in place for child support, a temporary child support arrangement is determined by the military.  This serves as an interim measure until a proper long-term plan or state order can be obtained.

In all other instances, the calculation of child support payments is the same for service members as for civilians, per the state guidelines.  

Child Support in New York

New York requires child support for the care, maintenance, and education of any minor child.  Children under the age of twenty-one may be eligible to receive child support.  New York courts calculate child support according to mathematical formulas.

These calculations are based on the number of children needing support and a pro-rata percentage of combined parental income.  The percentage per child is:

  • 17% for one child;
  • 25% for two children;
  • 29% for three children;
  • 31% for four children; and
  • 35% or more for five children and above.

For the purposes of calculating child support, combined parental income is the sum of the income of both parents.  Income includes salary, wages, and particular government or insurance benefits, including veterans’ benefits.

Additional Child Support Obligations in New York

New York may include specific add-ons to child support payments.  For instance, a parent may need to pay their proportional share of medical support for the children, the cost of medical insurance, and child care expenses.  

Adjustments in Child Support Payments

New York permits adjustments in child support payments that are inappropriate or unjust.  The court may examine the following to make such a determination:

  • The financial resources of both parents;
  • The physical and emotional health of the child and the child’s needs;
  • Any non-monetary contributions of each parent to the child’s welfare; and
  • The educational needs of either parent.

If the court deems a modification is needed, the court may order child support payments more suitable for the circumstances of the case.  

Contact a New York Military Child Support Attorney for Help

If you are a military parent and have questions about New York’s child support laws, do not hesitate to contact the professionals at the Law Offices of Vivien I. Stark.  One of our military child support attorneys can review your case and determine your obligation in our state or if your current child support order qualifies for an adjustment.

At the Law Offices of Vivien I. Stark, we have decades of experience meeting the needs of both military and civilian families.  We want to use our knowledge and determination to make a difference in your life and your family’s life.  Do not hesitate to contact us to schedule your consultation.

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