A Long Island Divorce Lawyer said a father appealed an order of the Family Court, Queens County which calculated the combined parental adjusted gross income to be $215,818.43 for child support purposes. The father claims that the Support Magistrate was in error of awarding child support based on the parties’ combined parental income as it was in excess of the $130,000 income cap under Family Court Act § 413(1)(f) [The current parental income cap has since been raised to $141,000]. Prior to the order, the father was voluntarily paying the mother $500 biweekly in child support. The mother petitioned for child support and the underlying action was the result.
At the time the order was issued the statutory cap under Family Court Act § 413(1)(f) was $130,000. However, when the combined parental income exceeds $130,000 the court is to determine “the amount of child support for the combined parental income in excess of $130,000 through consideration of the factors set forth in Family Court Act § 413(1)(f) and/or the child support percentage.” Such factors include, among others: (1) The financial resources of the custodial and non-custodial parent, and those of the child; (2) The physical and emotional health of the child and his/her special needs and aptitudes; (3) The standard of living the child would have enjoyed had the marriage or household not been dissolved; (4) The tax consequences to the parties; (5) The non-monetary contributions that the parents will make toward the care and well-being of the child. Generally, the test is whether “the child is receiving enough to meet his/her actual needs and the amount required…to live an appropriate lifestyle.”
A Long Island Family Law Attorney said the Appellate Division stated that the record indicated the child enjoyed a “middle-class lifestyle with extracurricular activities,” “attended private school,” as well as summer camp. Therefore, the Appellate Division affirmed the Support Magistrates determination.
Child support payments following a divorce, unless otherwise agreed upon, are governed by statute in New York State. The calculation of what should be paid can be complicated. If you are contemplating divorce and child support might be contested seek out the advice of the experienced attorneys at Simonetti & Associates.
