Financial Disclosure Affidavit Form (Page 8 of 8) in pdf

Attachment 4

ADDENDUM A

CHILD SUPPORT PERCENTAGES

The child support percentages that shall be applied by the Court unless the Court makes a finding that the non-custodial parent’s

share is unjust or inappropriate are as follows: 17% for one child; 25% for two children; 29% for three children; 31% for four children; and

no less than 35% for five or more children.

ADDENDUM B

COMBINED PARENTAL INCOME OVER $80,000.00

Where combined parental income exceeds $80,000.00, the Court shall determine the amount of child support for the amount of the

combined parental income in excess of such dollar amount through consideration of the factors set forth in Addendum D and or the

support percentage set forth in Addendum A.

ADDENDUM C

SELF-SUPPORT RESERVE

Where the annual amount of the basic child support obligation would reduce the non-custodial parent’s income below the poverty

income guidelines amount for a single person as reported by the federal Department of Health and Human Services, the basic child support

obligation shall be twenty-five dollars per month unless the interests of justice dictate otherwise. Where the annual amount of the basic

child support obligation would reduce the non-custodial parent's income below the self-support reserve but not below, the poverty income

guidelines amount of a single person as reported by the federal Department of Health and Human Services, the basic child support

obligation shall be fifty dollars per month or the difference between the non-custodial parent's income and the self-support reserve,

whichever is greater.

ADDENDUM D

VARIANCE FROM THE PERCENTAGES

The Court has the discretion to vary from the percentages if it finds that the non-custodial parent's pro-rata share of the basic child

support obligation is unjust or inappropriate. This finding shall be based upon consideration of the following factors:

I. 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, 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 expenses 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.

10. Any other factors the Court determines are relevant in each case.

NOTE:

The language in the above Addenda is paraphrased from that in the statute for the purposes of simplification. For statutory

language, see Family Court Act Sections 413(1), 416 and 424-a and Domestic Relations Law Sections 236-B and 240.

Financial Disclosure Affidavit Form Page 8