Child Support Extras

Child support is not limited to the basic support payments found in the Child Support Standards Act. If the court orders a parent to pay $5,000.00 in basic support, they may still have additional financial obligations to the spouse with residential custody. These additional payments are called “add ons”. Add-ons are both statutory (found in the law) or agreed to between the parties.

Statutory Add Ons

Statutory Add Ons are included in New York Domestic Relations Law. The law requires the noncustodial spouse to pay for the following items above the basic child support figure:

• reasonable child care costs so that the custodial parent can work;

• the cost of health insurance for the child; and

• Unreimbursed health care expenses.

Each of these expenses need to be reasonable. While babysitters are not reimbursable if the parent wishes to go out to a movie or needs to go grocery shopping, the noncustodial parent will need to pay the babysitter so the parent can work.

Discretionary Child Support Add Ons

Besides the statutory add ons, a parent can also be required to pay additional expenses. Someone common add ons that are not in the law include:

• Summer Camp;

• Extracurricular activities;

• Childcare expenses when a parent is not working;

• Tutors; and

• Religion class.

Because these activities are not specifically delineated as an "add-on" under the Child Support Standards Act, the payments are often included in the basic child support award unless the parties agree otherwise.

More About Extracurricular Activities

A quick note about extracurricular activities. While the law does not specifically require a parent to pay for their child’s extracurricular activities, these expenses can sometimes be included under mandatory child care expenses.

College and Private School Expenses

A party can be required a parent to contribute to a child’s college education. However, the court should not issue an award for younger children. When college is several years away, and no evidence is presented as to the child's academic interests, ability, possible choice of college, or what his, her, or their expenses might be, a directive compelling a parent to pay for those expenses is premature.

Educational expenses can also be awarded based on the best interests of the children.

When deciding if private school should be included as an add on, courts look at:

1. the educational background of the parents

2. the child's academic ability, and

3. the parents' financial ability to provide the necessary funds.

A parent may be able to reduce their monthly support payment when a child is living away from home while attending college based on the tuition payment. The parent may also receive a credit against their child support obligation for any amounts that he contributes toward college room and board expenses for that child during those months.

What Percentage of Add Ons Must Each Parent Pay

Courts will typically use a parent’s pro rata share of income to determine the percentage each parent must pay for add ons. Pro rata means proportional. If one parent earns 70% of the combined income and another parent earns 30% of the combined income, then they will need to pay a 70/30 split for the add on expenses.

Record Keeping is Important

The custodial parent must keep detailed records and receipts in order to receive the add on expenses. Because these expenses change every month, the custodial parent must submit a copy of the expenses, together with receipts and proof of payment, to the noncustodial parent.

Experienced Support Attorneys Can Help

Cali Madia and Daniel Szalkiewicz are able to help you determine what should be included as an add one expense and fight for the best interest of your child. Our lawyers are experienced in both Family Court and Supreme Court arguing for a strong support order to protect your child.