# Can someone explain child support to me (NY)

**URL:** <https://boards.straightdope.com/t/can-someone-explain-child-support-to-me-ny/650905>\
**Category:** Factual Questions\
**Created:** [February 20, 2013, 9:09pm UTC](https://boards.straightdope.com/t/can-someone-explain-child-support-to-me-ny/650905 "2013-02-20T21:09:55Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![Alphaghost](https://avatars.discourse-cdn.com/v4/letter/a/67e7ee/32.png) [@Alphaghost](https://boards.straightdope.com/u/Alphaghost)\
**Post date:** [February 20, 2013, 9:09pm UTC](https://boards.straightdope.com/t/can-someone-explain-child-support-to-me-ny/650905/1 "2013-02-20T21:09:55Z")

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Was just curious, how exactly does it work? I know it depends state by state I’m in NY, but i’d like a general idea.

Do they take into account your expenses (rent, auto, cell, etc) or do they just look at your salary and ax a percentage?

Thanks in advance!

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**Author:** ![FrankJBN](https://avatars.discourse-cdn.com/v4/letter/f/f0a364/32.png) [@FrankJBN](https://boards.straightdope.com/u/FrankJBN)\
**Post date:** [February 20, 2013, 9:19pm UTC](https://boards.straightdope.com/t/can-someone-explain-child-support-to-me-ny/650905/2 "2013-02-20T21:19:15Z")

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They take into account your income and the best interest of the child. That is to say, if you have to, do without the cell phone and support your child.

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**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\
**Post date:** [February 20, 2013, 10:17pm UTC](https://boards.straightdope.com/t/can-someone-explain-child-support-to-me-ny/650905/3 "2013-02-20T22:17:50Z")

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Don’t know NY specifically, but in most states, they take into account \_both\_incomes. Then they set the amount of support due for the child based upon the total income.

Then they divide that by the income percentage, and again by the number of days spent with each parent.

So say the combined income is 200k, and say the total Child Support Responsibility comes to $1200 per month.

Now let’s say that 55% is earned by Mom and 45% earned by Dad. That’s their relative responsibility.

Then say the child spends time 50/50, then Mom would be paying Dad 10% or $120.00 per month.

If the time was 60% Mom and 40% Dad then the money is a wash.

If the time is 90% Mom and 10% Dad, then . . . errrrr . . . I think Dad owes Mom $920, right? (Getting in over my head now. LOL!)

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**Author:** ![TruCelt](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/trucelt/32/523_2.png) [@TruCelt](https://boards.straightdope.com/u/TruCelt)\
**Post date:** [February 20, 2013, 10:19pm UTC](https://boards.straightdope.com/t/can-someone-explain-child-support-to-me-ny/650905/4 "2013-02-20T22:19:03Z")

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. . . or you could use this: [New York Child Support Calculator | AllLaw](http://www.alllaw.com/calculators/childsupport/new_york/)

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**Author:** ![Alphaghost](https://avatars.discourse-cdn.com/v4/letter/a/67e7ee/32.png) [@Alphaghost](https://boards.straightdope.com/u/Alphaghost)\
**Post date:** [February 20, 2013, 10:34pm UTC](https://boards.straightdope.com/t/can-someone-explain-child-support-to-me-ny/650905/5 "2013-02-20T22:34:11Z")

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Thanks TruCelt, I didn’t know that the time spend with the kid was factored. That calculator doesn’t count that.  
I was just wondering about this btw lol

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**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\
**Post date:** [February 20, 2013, 11:11pm UTC](https://boards.straightdope.com/t/can-someone-explain-child-support-to-me-ny/650905/6 "2013-02-20T23:11:36Z")

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IIRC one important difference between New York and most other states is that unless otherwise defined in the divorce decree responsibility for the child does NOT automatically end at 18. If the child is pursuing a college education CS for college expenses can extend out to age 21-23.

If CS in NY is to end at 18 it has to be explicitly noted in the CS or divorce decree.

[http://www.courts.state.ny.us/courts/nyc/family/faqs\_support.shtml](http://www.courts.state.ny.us/courts/nyc/family/faqs_support.shtml)

> [@](#):
>
> Until What Age Is a Parent Obligated to Support a Child?
> 
> In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be “emancipated” and the parents’ support obligation ends.
> 
> A child may also be considered “emancipated” if he or she is between 17 and 21, leaves the parents’ home and refuses to obey the parents’ reasonable commands
