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Under New York law both parents must contribute to the financial support of their children. The parent who does not have primary physical custody of a child generally pays support to the custodial parent if the child is under twenty one years old.
To calculate the amount of child support, a court will determine each parent's net income, which is gross income minus certain deductions including alimony payments, support paid to other children, and taxes. A formula is then applied to determine the applicable child support obligation. Although courts will generally adhere to the child support formula, they have discretion to change the amount of support if it is found to be unjust or inappropriate based on the following factors:
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