Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

In a divorce case, in reference to child support, what does

pro rata share mean? JA: Because...
In a divorce case, in reference to child support, what does pro rata share mean?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Has anything been filed or reported?
Customer: Meaning?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes.. Give me one second
Show More
Show Less
Ask Your Own Family Law Question
Answered in 11 minutes by:
7/10/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,094
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Ask Your Own Family Law Question

Pro rata just means in proportion. Both the Family Court Act and the Domestic Relations Law require both parents to share the support of their children up until the time a child reaches the age of 21 years. The goal of the statutes is to ensure that the children continue to share in the income and standard of living of both parents after a separation.

Child support in New York is calculated pursuant to the Child Support Standards Act ("CSSA") (Domestic Relations Law §240(1-b) and Family Court Act § 413(1)(b)).

To simplify, CSSA provides that unless the court finds that the non-custodial parent's pro rata share of the "basic child support obligation" to be unjust or inappropriate after considering the ten enumerated factors, it must order the non-custodial parent to pay his or her pro rata share of the "basic child support obligation".

The "basic child support obligation" is calculated by multiplying the "combined parental income" by the appropriate "child support percentage.

The "child support percentage" is fixed at:

a)17% of the combined parental income for one child;
b)25% of the combined parental income for two children;
c)29% of the combined parental income for three children;
d)31% of the combined parental income for four children; and
e)no less than 35% of the combined parental income for five or more children.

For example: Let's suppose, a mother, with an income of $30,000 after social security and New York City taxes , is the custodial parent of two children. The Father’s income is $50,000 after social security and New York City taxes.

The couple’s combined annual income is $80,000. Since there are two children, the applicable guideline percentage is 25%, or $20,000 per year. The father’s pro-rata share of the child support payment is 5/8 of $20,000 or $12,500 per year or $1,042 per month.

Ask Your Own Family Law Question

So, even though only the non-custodial parent is paying support, both parents are actually paying a pro-rata share. The custodial parent is contributing their share by for example, providing housing, paying utilities, food, etc.

Ask Your Own Family Law Question
Customer reply replied 5 months ago
Can you explain the difference between top of the file #14 commence paying $250.00 a week and line g-$140 a week in child support
Customer reply replied 5 months ago
Do you still have the one page file I sent?

Based on how child support is calculated in NY, when the income of the parents is combined, and looking at the father's proportionate share, based on the support obligation of 17% for one child, dad would be obligated to pay $140 a week in support. The parties have agreed to not follow NY law and instead made an agreement where the father will pay $250 a week in support instead.

Ask Your Own Family Law Question

Look like you posted it in a separate question, which I also replied to. The "support.pdf" --yes, I have it.

RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,094
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,094
14,094 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,867 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,390 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,389 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

14,094 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I am the non-custodial parent (mother) of a 17 year old
I am the non-custodial parent (mother) of a 17 year old daughter who has been hospitalized for suicidal thoughts, running away and cutting. She does not want to return to her father's home. She fears … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,417 satisfied customers
Can I sue my sons mother for collecting child support even
can I sue my sons mother for collecting child support even though our son got locked up? … read more
Expert
Expert
Managing Partner
Doctoral Degree
7 satisfied customers
We have a family law, child support question. North
No. We currently have a child custody agreement but it is dated and incomes have drastically changed … read more
Lucy
Lucy
Juris Doctor
128 satisfied customers
Family Law/Divorce/Separation: I live in Pennsylvania. My
Family Law/Divorce/Separation: I live in Pennsylvania. My wife of 28 years has moved out complete about 3 1/2 months ago. She has moved out on about 3 other occasions stating various reasons such as I… read more
Expert
Expert
Managing Partner
Doctoral Degree
7 satisfied customers
My grandsons mother is trying to be the custodial parent. My
Hello my grandsons mother is trying to be the custodial parent. My son is trying to have joint custody she filed in court my son needs a lawyer … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,754 satisfied customers
Family law attorney with international divorce expertise(
Second opinion] This question is for a family law attorney with international divorce expertise( not an immigration attorney)I married my wife in a South American country 15 years ago and sponsored he… read more
Ray
Ray
Lawyer
Doctoral Degree
30,513 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
30,513 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,417 satisfied customers
My wife and I are separated. she seeking child support. I
my wife and I are separated. she seeking child support. I still pay mortgage auto ins. groceries . she says I cant see my kids what do I do ? can she stop me … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
43 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,389 satisfied customers
Not sure this is family law, but... Our mother is in the
Not sure this is family law, but... Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her con… read more
Lawyer Lori
Lawyer Lori
Attorney
JD - Attorney
1,812 satisfied customers
Custody parent loses driver license can non custody parent
custody parent loses driver license can non custody parent get or file for custody … read more
Bill Attorney
Bill Attorney
law
1,488 satisfied customers
Can family law judge order to keep child support case at
Can family law judge order to keep child support case at family court even one parent open the claim at DCSS? I have been fighting to find my husband true income as he has been hiding it. He is a busi… read more
LegalGems
LegalGems
Juris Doctorate
10,407 satisfied customers
NJ Family Law ... Im currently providing child support for
NJ Family Law ...Im currently providing child support for my 23 year old daughter at $360 a month and my 16 year old daughter at $440 a month. These payments go to my x wife. We have joint custody and… read more
Expert James
Expert James
Doctoral Degree
11,602 satisfied customers
Does the child support differ from separation and divorce. I
Hello, does the child support differ from separation and divorce. I live in North Carolina where a one year separation is required before a divorce. Also we are a military family. … read more
Michael Gonzalez
Michael Gonzalez
JD
520 satisfied customers
I recently filed for child support. The non-custodial parent
Hi! I recently filed for child support. The non-custodial parent is out of state. Would the child support laws be for my state or his? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
A non-custodial parent is required to pay child support, but
A non-custodial parent is required to pay child support, but finds the under aged children left the custial father on their own free will and is no longer under the custodial care. can the non custodi… read more
Lucy
Lucy
Juris Doctor
128 satisfied customers
Family law/child support. Indiana. Child support has been
yes,child support has been filed . He owes the medical fee part , there is a formula/ a percentage he owes if payments made are above what i am suppose to pay … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,867 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x