What Determines Who Pays Child Support?

One of the factors that can lengthen the divorce process is determining child support. While determining which parent will pay and how much each payment is can be time-consuming, Simonetti & Associates is prepared to help. Our divorce attorney in Nassau County will represent you throughout the entirety of this process and help secure the child support that will be necessary after the split.   

Who Pays Child Support

A common misconception regarding child support is that when parents are awarded a 50/50 custody split, support payments are not necessary. However, this is not true, as New York State courts require one parent to pay child support in all situations. In most cases, the parent who has the highest income is the one who pays child support. In scenarios where one parent has a higher percentage of custody than the other, the non-custodial parent is required to make payments. 

The Child Support Formula

To ensure that each child receives appropriate support payments, courts use a specific formula in each case of divorce. This formula is used to eliminate any unfairness when determining the payment amount. Our divorce attorney in Nassau County would like to share what goes into this formula, which includes the following:

  • Income: As previously mentioned, income plays a huge role in determining child support payments. Both parents are required to submit W-2’s, pay stubs, and other documents that show proof of income to the court.


  • Dependants: Dependancy information also needs to be submitted to the court.  If one parent is legally obligated to support other children outside of the marriage, it will have a direct impact on the court’s decision for child support payments on this specific divorce.



  • Healthcare Costs: If one parent carries the burden of paying for the child’s healthcare, they will receive a credit in the child support formula. Our divorce attorney in Nassau County will help you show your monthly healthcare expenses to make sure your spending is properly represented.



  • Childcare: In some states, full-time daycare can cost anywhere between $10,000 and $50,000 a year. Like with healthcare, parents carrying the burden of paying for childcare will receive a credit in the child support formula.   


Simonetti & Associates – Divorce Attorney in Nassau County

Once the decision to file for a divorce has been made, one of the most pressing matters on both parent’s minds will likely be child support. In many cases, proper allocation of this payment will be an essential part of ensuring that the needs of your child can be properly met. With Simonetti & Associates, our divorce attorney in Nassau County is prepared to ensure that child support is properly allocated so that your child can get the care they need. If you have more questions about the process of determining child support, be sure to contact our staff today.   

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