When considering whether a child support obligation, under the above percentages,  is unjust or inappropriate, the court will consider the following factors:

(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;

(6)    The educational needs of either parent;

(7)    A determination that the gross income of one parent is substantially less than the other parent’s gross income;

(8)    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.

(9)    Provided that the child is not on public assistance (i) extraordinary expenses incurred by the non-custodial parent in exercising visitation, or (ii) expenses incurred by the non-custodial parent in extended visitation provided that the custodial parent’s expenses are substantially reduced as a result thereof; and

(10) Any other factors the court determines are relevant.

            Parents are obligated, in New York State, to support their children up to the age of 21.  Child support will terminate earlier, if the child is emancipated prior to age 21.  

            In addition to the child support payment calculated by the percentages of income, a non-custodial parent will be obligated to pay a portion of  child’s medical expenses not covered by insurance,  the custodial parent’s cost of child care, and in certain cases, towards educational expenses, like college.

Child Support Modification