In New York, there are two components of child support. There is the basic child support obligation, where the amount of child support is typically determined based on a strict formula. In addition to the basic child support obligation, a court may order certain “add-on” expenses to be paid.
The basic child support obligation is intended to pay for the child’s daily needs, which are usually thought of as: (i) housing; (ii) food; and (iii) clothing.
The add-on expenses are intended to pay for some of the child’s other expenses. There are three add-on expenses which are usually mandated by a court order: (1) the cost of health insurance to insure the children; (2) unreimbursed medical expenses; and (3) the cost of necessary child care expenses.
The cost of health insurance to insure the children is the difference in the cost of the health insurance premium for a single person and the cost of the premium for either a “family plan” or to insure the children.
Unreimbursed medical expenses consist of the cost of: (i) deductibles; (ii) co-payments and (iii) any other medical expenses that are not covered by the insurance plan. However, it usually does not include the cost of over-the counter or non-prescription medicines.
The cost of necessary child care expenses is for the payment of child care that is required while the parent is employed or while the parent is seeking employment.
In most court orders, the cost of health insurance, unreimbursed medical expenses and necessary child care expenses are shared on a pro-rata basis. This means in proportion to the parties’ income.
In addition to the three previously mentioned add-on expenses, in many divorces, the parents will agree to share the cost of camp (summer, sports or specialty) and extra-curricular activities (sports, dance, gymnastics). However, these are voluntary and are not required.
Unlike the basic child support obligation, add-on expenses typically vary from month to month. Payments for add on expenses are usually paid in full by one parent. The other parent must then reimburse that payment for his/her pro-rata share of the expense.
If you are getting divorced and need more information about add-on expenses and what your legal rights are, call David Badanes and the Badanes Law Office.
David Badanes, Esq. has helped numerous individuals with questions about add-on expenses and basic child support.
Contact the Badanes Law Office today at 631-239-1702 or email at email@example.com to set up a consultation with an experienced Long Island divorce attorney. The Badanes Law Office has two offices in Long Island: Northport and Garden City.
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