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New York Child Support Laws

Like most states, New York takes child support seriously. This is clear from the strong mechanisms that it uses to enforce child support orders. For example, if a non-custodial parent is past due on payments, any business or professional licenses of that parent can be suspended until the past due amounts are paid. New York also has expedited contempt proceedings for non-custodial parents in violation of court-ordered child support. In addition, child support orders in New York can be used to require "any legally responsible relative" to extend any available benefits, such as health insurance, to children subject to a support order on petition to the court.

When it comes to calculating child support in New York, courts are required to first consider a standard support obligation which is determined by a statutory calculation. However, the court always has the discretion to deviate from this amount where doing so would produce a more just and appropriate child support amount. There is still flexibility after a child support order is issued as payment amounts can be modified based on changed circumstances or cost of living adjustments.

Overview Of New York Child Support Laws

The chart below contains specific references to New York Child Support Laws.

  • Family Court Act Section 413 (setting forth child support obligations of parents)
  • Family Court Act Section 413-a (allowing for review and adjustment of child support orders)
  • Family Court Act Section 416 (containing elements included in child support orders)
  • Family Court Act Section 458-b (addressing types of enforcement including suspension of professional licenses and permits)
How is the Basic Child Support Obligation Calculated?

It's determined by multiplying the combined parental income by the following child support percentages:

  • 1 child = 17%
  • 2 children = 25%
  • 3 children = 29%
  • 4 children = 31%
  • 5 or more children = no less than 35%
Factors To Consider When Deviating From Basic Child Support Obligation

In deviating from the basic child support obligation, courts will look to all relevant factors including the:

  • Financial resources of both parents and the child;
  • Physical and emotional health of the child and any special needs;
  • Child's standard of living;
  • Tax consequences of the parties;
  • Non-monetary contributions of the parents;
  • Educational needs; and
  • Needs of the non-custodial parent's other children.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Resources Related To New York Child Support Laws

More Questions About Child Support in New York? Find an Attorney Today

The separation process can be difficult especially when children are involved. After all, as a parent, you want to make sure that your children are cared for whether they're in your custody or not. The court is available to help establish the appropriate amount of child support, but you still need to make your case to the court. That's where an experienced New York family law attorney can make a tremendous difference. 

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