Family Law Questions

Common Questions In New York Family Law

The Law Offices of Nicholas P. Barone fields a wide range of questions every day from clients who are going through significant periods of change. Many are getting divorced. Some are involved in custody disputes. Any number of concerns must be addressed. We have therefore put together this page of frequently asked questions about New York family law. There is nearly limitless variation in the questions people may have, so this list is not meant to answer everything. It provides general answers to some of the basics. When it is time to get answers that apply to your specific situation, make sure you speak to one of our White Plains lawyers.

Q: I have heard the terms "physical custody" and "legal custody." What is the difference?

A: Essentially, a parent with legal custody has the right to decide major issues affecting the child, such as education choices, whether the child should get medical treatment, and what if any religious training the child should receive. Physical custody determines with whom the child lives most of the time. The most frequent child custody outcome is joint legal custody (parents make major decisions together) with one parent having primary physical custody (i.e., more parenting time).

Q: How much child support will my child receive?

A: Generally, the noncustodial parent pays child support to the custodial parent when the child is less than 21 years old. Child support is determined based on several factors such as the number of children involved, the income of each parent, medical needs of the child and a variety of other factors.

Q: What is the Child Support Standards Act and how does it affect child support?

In 1989, New York state enacted the Child Support Standards Act (CSSA), which established the guidelines for determining child support. The CSSA calculates child support based on a percentage of the parents' combined income and the number of children. Each parent's share of the child support is determined by prorating the child support in proportion to the income of each parent. The percentage model, which applies to the first $141,000 of combined income, is broken down by child as follows:

  • One child = 17 percent
  • Two children = 25 percent
  • Three children = 29 percent
  • Four children = 31 percent
  • Five or more children = 35 percent

Contact A White Plains Divorce Attorney Today

We welcome the opportunity to answer any family law question you may have. If you live in Putnam County, Bronx County, Westchester County, Rockland County or any nearby location, please reach out to us for help. You can call us at 914-288-6283 or you can reach us via email.