New York uses the Income Shares Model for the determination of child support. Child support may be ordered for the care, maintenance and education of any unemancipated child under the age of twenty-one years. "Child support percentage" shall mean:
- Seventeen percent of the combined parental income for one child.
- Twenty-five percent of the combined parental income for two children.
- Twenty-nine percent of the combined parental income for three children.
- Thirty-one percent of the combined parental income for four children.
- No less than thirty-five percent of the combined parental income for five or more children.
The court shall calculate the basic child support obligation based upon consideration of the following factors:
- The financial resources of the custodial and non-custodial parent, and those of the child.
- The physical and emotional health of the child and his/her special needs and aptitudes.
- The standard of living the child would have enjoyed had the marriage or household not been dissolved.
- The tax consequences to the parties.
- The non-monetary contributions that the parents will make toward the care and well-being of the child.
- The educational needs of either parent.
- A determination that the gross income of one parent is substantially less than the other parent's gross income.
- The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are not subject to the instant action and whose support has not been deducted from income.
- Any other factors the court determines are relevant in each case.
[Based on New York Domestic Relations Laws - Article 13 - Section: 240]
PREMARITAL AGREEMENT:An agreement made before or during the marriage, shall be valid and enforceable in a matrimonial action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded. Such an agreement may include:
- A contract to make a testamentary provision of any kind, or a waiver of any right to elect against the provisions of a will.
- Provision for the ownership, division or distribution of separate and marital property.
- Provision for the amount and duration of maintenance or other terms and conditions of the marriage relationship, (subject to the provisions general obligations law), and provided that such terms were fair and reasonable at the time of the making of the agreement and are not unconscionable at the time of entry of final judgment.
- Provision for the custody, care, education and maintenance of any child of the parties, subject to the provisions of section two hundred forty of this article.
[Based on New York Domestic Relations Laws - Article 13 - Section: 236]
