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

In a divorce case...

In a divorce case, in reference to child support, what does pro rata share mean?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

NY

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Meaning?

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Yes.. Give me one second

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Answered in 11 minutes by:
7/10/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,524
Experience: Experienced in multiple areas of the law.
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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.

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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.

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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.

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Customer reply replied 1 year 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 1 year 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.

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

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