Child Support

Child support can be a contentious issue during divorce. It’s important to make sure your child has the financial support they need for their overall well-being. At New York Family Law Group, we can assist parents who need help understanding New York child support laws. Contact us today to schedule a consultation. 

How Is Child Support Determined?

New York uses a formula outlined in the New York Child Support Standards Act (CSSA) to determine what percentage of their income a non-custodial parent must pay in child support.

  • 17% for 1 child
  • 25% for 2 children
  • 29% for 3 children
  • 31% for 4 children
  • At least 35% for 5+ children

This is based on combined incomes of up to $143,000 for both parents. If their combined incomes exceed this, the court may choose to deviate from the standards laid out in the CSSA. 

Who Pays Child Support?

Typically, the non-custodial spouse pays child support to the custodial spouse. However, one spouse may be required to make child support payments to the other even if they have equal, joint physical custody. 

When Does A Child Support Obligation End? 

In New York, child support obligations extend to the age of 21 years for the child, or until they are “emancipated,” meaning they are self-supporting and no longer live with their parents. Child support obligations also end if:

  • The child joins the military
  • The child completes 4 years of college
  • The child gets married
  • The child is at least 18 years old and is working full-time to support themselves
  • The child leaves home and ends their relationship with the parents

Can A Child Support Order Be Modified in New York? 

Yes. There are three instances in which a child support order may be modified: 

  • It has been at least 3 years since the last entry, modification, or adjustment of the child support order
  • Either parent’s gross income has risen or fallen by 15% or more since the order was issued
  • A “substantial change in circumstances” has occurred

Many different factors can qualify as a “substantial change in circumstances,” such as one parent falling ill or becoming disabled, or a child’s medical needs increasing, or even one spouse remarrying, especially if they marry someone with financial means. 

What Should I Expect In A Child Support Hearing? 

At a child support hearing, both parents will present information about their financial situation to the court. The court will ask for copies of financial documents, such as:

  • Tax returns
  • Pay stubs
  • A filled-out Financial Disclosure Affidavit

In addition to this, the court will ask for proof of expenses for the child, such as the cost of food, rent/housing, clothing, medical costs, clothing, child care, education, and other applicable expenses.

Once all of this information has been provided, a child support order will be determined based on both parents’ incomes, the basic needs of the child and their expenses, and how many children the parents have. 

Get Help With Child Support Orders & Modifications – Contact Us Today 

If you need help navigating the initial child support process or modifying a child support order, our New York City family law attorneys are here to help. New York Family Law Group has the skilled, experienced attorneys you need to protect yourself and your child’s best interests. Contact us now to schedule a consultation.

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