§ 413. Parents' duty to support child. 1. (a) Except as provided in\nsubdivision two of this section, the parents of a child under the age of\ntwenty-one years are chargeable with the support of such child and, if\npossessed of sufficient means or able to earn such means, shall be\nrequired to pay for child support a fair and reasonable sum as the court\nmay determine. The court shall make its award for child support pursuant\nto the provisions of this subdivision. The court may vary from the\namount of the basic child support obligation determined pursuant to\nparagraph (c) of this subdivision only in accordance with paragraph (f)\nof this subdivision.\n (b) For purposes of this subdivision, the following definitions shall\nbe used:\n (1) "Basic child support obligation" shall mean the sum derived by\nadding the amounts determined by the application of subparagraphs two\nand three of paragraph (c) of this subdivision except as increased\npursuant to subparagraphs four, five, six and seven of such paragraph.\n (2) "Child support" shall mean a sum to be paid pursuant to court\norder or decree by either or both parents or pursuant to a valid\nagreement between the parties for care, maintenance and education of any\nunemancipated child under the age of twenty-one years.\n (3) "Child support percentage" shall mean:\n (i) seventeen percent of the combined parental income for one child;\n (ii) twenty-five percent of the combined parental income for two\nchildren;\n (iii) twenty-nine percent of the combined parental income for three\nchildren;\n (iv) thirty-one percent of the combined parental income for four\nchildren; and\n (v) no less than thirty-five percent of the combined parental income\nfor five or more children.\n (4) "Combined parental income" shall mean the sum of the income of\nboth parents.\n (5) "Income" shall mean, but shall not be limited to, the sum of the\namounts determined by the application of clauses (i), (ii), (iii), (iv),\n(v) and (vi) of this subparagraph reduced by the amount determined by\nthe application of clause (vii) of this subparagraph:\n (i) gross (total) income as should have been or should be reported in\nthe most recent federal income tax return. If an individual files\nhis/her federal income tax return as a married person filing jointly,\nsuch person shall be required to prepare a form, sworn to under penalty\nof law, disclosing his/her gross income individually;\n (ii) to the extent not already included in gross income in clause (i)\nof this subparagraph, investment income reduced by sums expended in\nconnection with such investment;\n (iii) to the extent not already included in gross income in clauses\n(i) and (ii) of this subparagraph, the amount of income or compensation\nvoluntarily deferred and income received, if any, from the following\nsources:\n (A) workers' compensation,\n (B) disability benefits,\n (C) unemployment insurance benefits,\n (D) social security benefits,\n (E) veterans benefits,\n (F) pensions and retirement benefits,\n (G) fellowships and stipends,\n (H) annuity payments, and\n (I) alimony or maintenance actually paid or to be paid to a spouse who\nis a party to the instant action pursuant to an existing court order or\ncontained in the order to be entered by the court, or pursuant to a\nvalidly executed written agreement, in which event the order or\nagreement shall provide for a specific adjustment, in accordance with\nthis subdivision, in the amount of child support payable upon the\ntermination of alimony or maintenance to such spouse; provided, however,\nthat the specific adjustment in the amount of child support is without\nprejudice to either party's right to seek a modification in accordance\nwith subdivision three of section four hundred fifty-one of this\narticle. In an action or proceeding to modify an order of child support,\nincluding an order incorporating without merging an agreement, issued\nprior to the effective date of this subcla
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