View Document - New York State Register

Child Support Standards Chart

NY-ADR

10/17/07 N.Y. St. Reg. TDA-42-07-00009-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 42

October 17, 2007

RULE MAKING ACTIVITIES

OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

I.D No. TDA-42-07-00009-P

Child Support Standards Chart

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

This is a consensus rule making to amend section 347.10(a)(8), (9), (b) and (c) of Title 18 NYCRR.

Statutory authority:

Social Services Law, sections 20(3)(d), 34(3), 111-a and 111-i

Subject:

Child support standards chart.

Purpose:

To reflect the revised poverty income guidelines amount, the revised self-support reserve and the updated child support standards chart.

Text of proposed rule:

Paragraph (8) of subdivision (a) of section 347.10 is amended to read as follows:

(8) “Poverty income guidelines amount” means the poverty income guidelines amount for a single person as reported annually by the Federal Department of Health and Human Services for a single person household[;]. For calendar year 2007, the poverty income guidelines amount is $10,210.

Paragraph (9) of subdivision (a) of section 347.10 is amended to read as follows:

(9) “Self-support reserve” means 135 percent of the poverty income guidelines amount, which is updated annually by the Federal Department of Health and Human Services, and which will be provided by the office annually. For calendar year [2006] 2007, the self-support reserve is [$13,230] $13,783.

Items 18, 20 and 21 of the child support guidelines worksheet contained in subdivision (b) of section 347.10 are amended to read as follows:

18. Subtract line 17 from line 16.	18. $
a. If line 18 is greater than or equal to [$13,230] $13,783 (the self-support reserve) enter the line 17 amount on line 22 below. No further calculations are necessary.
b. If line 18 is less than [$13,230] $13,783, proceed to step 19.
20. Self-Support Reserve.	20. [$ 13,230] $13,783
21. Subtract line 20 from line 19.	21. $
a. If line 18 is less than [$9,800] $10,210 (poverty level), enter on line 22 the greater of $300 or the amount from line 21.
b. If line 18 is greater than or equal to [$9,800] $10,210 (poverty level), but less than [$13,230] $13,783 enter on line 22 the greater of $600 or the amount from line 21.

Paragraph (3) of subsection IV-2 of the child support guidelines worksheet contained in subdivision (b) of section 347.10 is amended to read as follows:

(3) [In] If an absent parent's annual income minus [his/her] his or her share of the basic child support obligation would reduce such parent's income to an amount equal to or greater than self-support reserve, such parent's monthly basic child support obligation is equal to [his/her] his or her income multiplied by the applicable child support percentage as defined in this section, plus additional payments for child care, health care and educational expenses as defined in subparagraphs (i), (ii), (iii) and (iv) of paragraph (2) of this subdivision, divided by 12.

The text of section 347.10 (c) is amended and the chart sections for annual incomes from $0 through $21,999 contained in that subdivision are repealed and replaced with the following chart sections reflecting the 2007 federal poverty income guidelines amount and the self support reserve:

(c) The following child support standards chart sets forth annual obligation amounts yielded by annual absent parent income levels, up to $200,000, through application of the child support percentages as defined in this section:

Released CHILD SUPPORT STANDARDS CHART

[April 1, 2006] April 1, 2007 PREPARED BY

NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, DIVISION OF CHILD SUPPORT ENFORCEMENT

The tables provided as part of the Child Support Standards Chart should be used to determine the annual child support obligation amount [pursuant to the provisions of Chapter 567 of the Laws of New York of 1989]. The current poverty income guidelines amount for a single person and the self-support reserve as reported by the United States Department of Health and Human Services [is $9,800 and the self-support reserve for 2006 is $13,230] are set forth in the “Definitions” in subdivision (a) of this section.

How to use the Chart:

(1) Locate the “Income Range” you are looking for in the upper right hand corner of each page.

(2) Locate the row labeled “Annual Income” on one of the tables of that page.

(3) Go across the top of the table to the column corresponding to the “Number of Children” for whom support is sought.

(4) The dollar amount listed where the “Annual Income” row and the “Number of Children” column meet is the amount of the basic child support obligation, where additional amounts are not applicable for the child care, health care and education for the children for whom support is sought.

(5) Where additional amounts for child care, health care and/or educational expenses are appropriate, see the worksheet [on page 21].

Please note: Where the total income of both parents exceeds $80,000, the law permits, but does not require, the use of the Child Support Percentages in calculating the annual child support obligation amount on the income above $80,000.

THE CHILD SUPPORT STANDARDS CHART

Child Support Percentages
One child	17% of combined parental income
Two children	25% of combined parental income
Three children	29% of combined parental income
Four children	31% of combined parental income
Five or more children	no less than 35% of combined parental income

				INCOME RANGE
				0 – 11,999
		NUMBER OF CHILDREN
ANNUAL INCOME		1	2	3	4	5+
FROM	THRU	ANNUAL OBLIGATION AMOUNT
000	11,999	300	300	300	300	300
		NUMBER OF CHILDREN
ANNUAL INCOME		1	2	3	4	5+
FROM	THRU	ANNUAL OBLIGATION AMOUNT
12,000	12,099	300	300	300	300	300
12,100	12,199	300	300	300	300	300
12,200	12,299	300	300	300	300	300
12,300	12,399	300	300	300	300	300
12,400	12,499	600	300	300	300	300
12,500	12,599	600	300	300	300	300
12,600	12,699	600	300	300	300	300
12,700	12,799	600	300	300	300	300
12,800	12,899	600	600	300	300	300
12,900	12,999	600	600	300	300	300
		NUMBER OF CHILDREN
ANNUAL INCOME		1	2	3	4	5+
FROM	THRU	ANNUAL OBLIGATION AMOUNT
13,000	13,099	600	300	300	300	300
13,100	13,199	600	300	300	300	300
13,200	13,299	600	300	300	300	300
13,300	13,399	600	300	300	300	300
13,400	13,499	600	300	300	300	300
13,500	13,599	600	300	300	300	300
13,600	13,699	600	300	300	300	300
13,700	13,799	600	600	300	300	300
13,800	13,899	600	600	300	300	300
13,900	13,999	600	600	300	300	300
		NUMBER OF CHILDREN
ANNUAL INCOME		1	2	3	4	5+
FROM	THRU	ANNUAL OBLIGATION AMOUNT
14,000	14,099	600	600	300	300	300
14,100	14,199	600	600	317	317	317
14,200	14,299	600	600	417	417	417
14,300	14,399	600	600	517	517	517
14,400	14,499	617	617	617	617	617
14,500	14,599	717	717	717	717	717
14,600	14,699	817	817	817	817	817
14,700	14,799	917	917	917	917	917
14,800	14,899	1,017	1,017	1,017	1,017	1,017
14,900	14,999	1,117	1,117	1,117	1,117	1,117
		NUMBER OF CHILDREN
ANNUAL INCOME		1	2	3	4	5+
FROM	THRU	ANNUAL OBLIGATION AMOUNT
15,000	15,099	1,217	1,217	1,217	1,217	1,217
15,100	15,199	1,317	1,317	1,317	1,317	1,317
15,200	15,299	1,417	1,417	1,417	1,417	1,417
15,300	15,399	1,517	1,517	1,517	1,517	1,517
15,400	15,499	1,617	1,617	1,617	1,617	1,617
15,500	15,599	1,717	1,717	1,717	1,717	1,717
15,600	15,699	1,817	1,817	1,817	1,817	1,817
15,700	15,799	1,917	1,917	1,917	1,917	1,917
15,800	15,899	2,017	2,017	2,017	2,017	2,017
15,900	15,999	2,117	2,117	2,117	2,117	2,117
		NUMBER OF CHILDREN
ANNUAL INCOME		1	2	3	4	5+
FROM	THRU	ANNUAL OBLIGATION AMOUNT
16,000	16,099	2,217	2,217	2,217	2,217	2,217
16,100	16,199	2,317	2,317	2,317	2,317	2,317
16,200	16,299	2,417	2,417	2,417	2,417	2,417
16,300	16,399	2,517	2,517	2,517	2,517	2,517
16,400	16,499	2,617	2,617	2,617	2,617	2,617
16,500	16,599	2,717	2,717	2,717	2,717	2,717
16,600	16,699	2,817	2,817	2,817	2,817	2,817
16,700	16,799	2,839	2,917	2,917	2,917	2,917
16,800	16,899	2,856	3,017	3,017	3,017	3,017
16,900	16,999	2,873	3,117	3,117	3,117	3,117
		NUMBER OF CHILDREN
ANNUAL INCOME		1	2	3	4	5+
FROM	THRU	ANNUAL OBLIGATION AMOUNT
17,000	17,099	2,890	3,217	3,217	3,217	3,217
17,100	17,199	2,907	3,317	3,317	3,317	3,317
17,200	17,299	2,924	3,417	3,417	3,417	3,417
17,300	17,399	2,941	3,517	3,517	3,517	3,517
17,400	17,499	2,958	3,617	3,617	3,617	3,617
17,500	17,599	2,975	3,717	3,717	3,717	3,717
17,600	17,699	2,992	3,817	3,817	3,817	3,817
17,700	17,799	3,009	3,917	3,917	3,917	3,917
17,800	17,899	3,026	4,017	4,017	4,017	4,017
17,900	17,999	3,043	4,117	4,117	4,117	4,117
		NUMBER OF CHILDREN
ANNUAL INCOME		1	2	3	4	5+
FROM	THRU	ANNUAL OBLIGATION AMOUNT
18,000	18,099	3,060	4,217	4,217	4,217	4,217
18,100	18,199	3,077	4,317	4,317	4,317	4,317
18,200	18,299	3,094	4,417	4,417	4,417	4,417
18,300	18,399	3,111	4,517	4,517	4,517	4,517
18,400	18,499	3,128	4,600	4,617	4,617	4,617
18,500	18,599	3,145	4,625	4,717	4,717	4,717
18,600	18,699	3,162	4,650	4,817	4,817	4,817
18,700	18,799	3,179	4,675	4,917	4,917	4,917
18,800	18,899	3,196	4,700	5,017	5,017	5,017
18,900	18,999	3,213	4,725	5,117	5,117	5,117
		NUMBER OF CHILDREN
ANNUAL INCOME		1	2	3	4	5+
FROM	THRU	ANNUAL OBLIGATION AMOUNT
19,000	19,099	3,230	4,750	5,217	5,217	5,217
19,100	19,199	3,247	4,775	5,317	5,317	5,317
19,200	19,299	3,264	4,800	5,417	5,417	5,417
19,300	19,399	3,281	4,825	5,517	5,517	5,517
19,400	19,499	3,298	4,850	5,617	5,617	5,617
19,500	19,599	3,315	4,875	5,655	5,717	5,717
19,600	19,699	3,332	4,900	5,684	5,817	5,817
19,700	19,799	3,349	4,925	5,713	5,917	5,917
19,800	19,899	3,366	4,950	5,742	6,017	6,017
19,900	19,999	3,383	4,975	5,771	6,117	6,117
		NUMBER OF CHILDREN
ANNUAL INCOME		1	2	3	4	5+
FROM	THRU	ANNUAL OBLIGATION AMOUNT
20,000	20,099	3,400	5,000	5,800	6,200	6,217
20,100	20,199	3,417	5,025	5,829	6,231	6,317
20,200	20,299	3,434	5,050	5,858	6,262	6,417
20,300	20,399	3,451	5,075	5,887	6,293	6,517
20,400	20,499	3,468	5,100	5,916	6,324	6,617
20,500	20,599	3,485	5,125	5,945	6,355	6,717
20,600	20,699	3,502	5,150	5,974	6,386	6,817
20,700	20,799	3,519	5,175	6,003	6,417	6,917
20,800	20,899	3,536	5,200	6,032	6,448	7,017
20,900	20,999	3,553	5,225	6,061	6,479	7,117
		NUMBER OF CHILDREN
ANNUAL INCOME		1	2	3	4	5+
FROM	THRU	ANNUAL OBLIGATION AMOUNT
21,000	21,099	3,570	5,250	6,090	6,510	7,217
21,100	21,199	3,587	5,275	6,119	6,541	7,317
21,200	21,299	3,604	5,300	6,148	6,572	7,417
21,300	21,399	3,621	5,325	6,177	6,603	7,455
21,400	21,499	3,638	5,350	6,206	6,634	7,490
21,500	21,599	3,655	5,375	6,235	6,665	7,525
21,600	21,699	3,672	5,400	6,264	6,696	7,560
21,700	21,799	3,689	5,425	6,293	6,727	7,595
21,800	21,899	3,706	5,450	6,322	6,758	7,630
21,900	21,999	3,723	5,475	6,351	6,789	7,665

Text of proposed rule and any required statements and analyses may be obtained from:

Jeanine Stander Behuniak, Office of Temporary and Disability Assistance, 40 N. Pearl St., 16C, Albany, NY 12243-0001, (518) 474-9779, e-mail: [email protected]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The Office of Temporary and Disability Assistance (OTDA) is proposing amendments to 18 NYCRR 347.10 to reflect the revised poverty income guidelines amount as reported by the federal Department of Health and Human Services, the revised self-support reserve, and the updated child support standards chart which are used to calculate child support obligations. OTDA has determined that no person is likely to object to the adoption of the proposed rule as written.

The proposed amendments to 18 NYCRR 347.10 are necessary to conform the regulation to the requirements of section 111-i (2) of the Social Services Law (SSL). Section 111-i(2) (a) of the SSL provides that OTDA shall publish annually in its regulations the revised self-support reserve to reflect the annual updating of the poverty income guidelines amount for a single person, and section 111-i(2) (b) of the SSL provides that OTDA shall publish in its regulations a child support standards chart to reflect the dollar amounts yielded through application of the child support percentage. Thus, OTDA is required by State statute to update its regulatory provisions on an annual basis.

The updated financial information does not reflect discretion exercised by OTDA. The self-support reserve and the child support percentage are defined in the Domestic Relations Law, and the poverty income guidelines amount for a single person is reported by the federal Department of Health and Human Services. Thus the proposed amendments are not establishing new financial criteria. Instead they are setting forth existing requirements.

The proposed child support standards chart presently is being utilized by the local child support enforcement units to calculate child support obligations. Thus the proposed amendments will conform 18 NYCRR 347.10 to reflect the actual practices of the local child support enforcement units in the State.

It is expected that no person will object to the proposed amendments contained in this consensus rule since the amendments are necessary to comply with the SSL, and the amendments reflect updated financial information which is being used to calculate child support obligations.

Job Impact Statement

A job impact statement has not been prepared for the proposed regulatory amendments. It is evident from the subject matter of the amendments that the job of the worker making the decisions required by the proposed amendments will not be affected in any real way. Thus the changes will not have any impact on jobs and employment opportunities in the State.

End of Document