Calculation of fair and equitable child support can be confusing even for an experienced family law attorney, which is why most practices use software to do the math. However state-mandated formulas change and any attorney who doesn’t keep up with the changes isn’t doing the job of representing the client. Make sure that any NY child support calculator you use isn’t still stuck in 1989, but rather is using the latest changes to New York law.
The Child Support Standards Act, passed in 1989, is still the standard for determining child support commitment for a non-custodial parent. The formulas used in child support for NY parents isn’t necessarily the same as in any other state, which is why family law attorneys should use only software designed specifically for New York family law.
However even if you are using New York divorce software, are you sure it has been updated to reflect the most recent laws? There have been two big changes in recent years, both coming from the Child Support Modernization Act.
As of January 31, 2010 the income cap used to calculate child support obligation was raised from $80,000 per year to $130,000 per year. This is a significant increase and had a major effect on any child support calculated after this date. If your software is still using pre-2010 formulas, then the calculations are wrong.
The other important change from this legislation took place this year, 2012, and will continue to change child support calculations in future years. That is because the 2010 act added a provision to review the cap every two years and adjust it for inflation. Therefore as of January 31, 2012 the cap is now $136,000 per year and we can expect it to increase again in 2014.
This is just a single example of how a change in the law can alter child support calculations in a New York no fault divorce. Even if attorneys are aware of changes in the law–and they really should be!–they need to be sure they are also using software that is updated as the rules change.
Easysoft focuses on state-specific child support software precisely so we can stay on top of the latest changes in state law. As New York rules change, you can bet that our legal office software will change with it. Use Easysoft products and be sure you aren’t left behind by the changing face of government policies.
