The court's determination of which parent, relative or other adult should hold legal responsibility for a minor under the age of 18. The policy of the state of new York is to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody of the minor. (Consolidated Laws of New York: Domestic Relations Laws, Article 13, Section: 240)
Custody and child support; orders of protection. 1. (a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by petition and order to show cause, the custody of or right to visitation with any child of a marriage, the court shall require verification of the status of any child of the marriage with respect to such child's custody and support, including any prior orders, and shall enter orders for custody and support as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties and to the best interests of the child and subject to the provisions of subdivision one-c of this section. (Consolidated Laws of New York: Domestic Relations Laws, Article 13, Section: 240)
Child Support: To calculate child support, the state of New York uses the Income Shares Model. Using this method the court will take into account the incomes of both parents in order to determine the amount of child support and designate it to the responsible party. (Consolidated Laws of New York: Domestic Relations Laws, Article 13, Section: 240)
Order of support by parent. When the court makes an order of support pursuant to section two hundred forty of this article, and where permitted under federal law and where the record of the proceedings contains such information, the court shall require the social security number of such parent to be affixed to such order; provided, however, that no such order shall be invalid because of the omission of such number. (Consolidated Laws of New York: Domestic Relations Laws, Article 13, Section: 240-B)
The court shall calculate the basic child support obligation and the non-custodial parent's pro rata share of the basic child support obligation. Unless the court finds that the non-custodial parent’s pro-rata share of the basic child support obligation is unjust or inappropriate, which finding shall be based upon consideration of 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 and whose support has not been deducted from income pursuant to subclause (D) of clause (vii) of subparagraph five of paragraph (b)of this subdivision, and the financial resources of any person obligated to support such children, provided, however, that this factor may apply only if the resources available to support such children are less than the resources available to support the children who are subject to the instant action;(9) Provided that the child is not on public assistance (i) extraordinary expense 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 in each case, the court shall order the non-custodial parent to pay his or her pro rata share of the basic child support obligation, and may order the non-custodial parent to pay an amount pursuant to paragraph (e) of this subdivision. (Consolidated Laws of New York: Domestic Relations Laws, Article 13, Section: 240)
