New York Child Support Laws
By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed February 28, 2025
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New York's child support laws ensure that children get financial support for necessities regardless of their domestic situations. While every case is different, in most, the noncustodial parent (NCP) makes payments to the custodial parent through the New York State Office of Child Support Services (OCSS).
Providing for your children is not a choice. It's an obligation. Child support laws can punish nonpayment if necessary, but the primary goal is enabling a seamless transfer of funds from the NCP to the custodial parent.
This article will explain New York child support laws, how the amount of child support gets determined, and the guidelines to protect the best interests of the child.
New York Child Support Obligations
New York state laws don't mince words on caring for one's children. Parents of a child under 21 must provide for their needs. This is true regardless of the relationship between the parents.
The responsibility to offer financial support falls on those who have acknowledged paternity. These are usually the parents listed on the child's birth certificate. If necessary, the court can order testing to confirm a child's birth parent.
The Social Security Act of 1975 required states to set up programs to establish and enforce child support payments under Title IV-D. Parents must provide necessities such as food, clothing, shelter, and health insurance.
Child support payments are set through a court order. It's common to encounter them during divorce or child custody hearings. One parent can also file a support petition against the other to start child support payments.
Parents may submit a written agreement for child support payments they've negotiated. The court must approve it and make sure both parents understand the terms.
Financial Disclosures
Child support gives children the same financial support they'd have if their parents were together. Before the state can use child support formulas to arrive at a figure, it needs to determine two things:
- How much income the parents generate
- How much they can afford to pay
The income of both parents is part of the equation.
The first and most obvious financial disclosure forms are each parent's tax returns, W-2 forms, and pay stubs. Bank accounts and stock portfolios face disclosure as well. Parents must share all sources of income for child support determination. This includes:
- Alimony payments
- Annuity payments
- Disability benefits
- Fellowships and stipends
- Pensions and retirement benefits
- Social security benefits
- SSI payments (Supplemental Security Income)
- Unemployment insurance benefits
- Veterans benefits
- Workers' compensation
This disclosure is not voluntary. Anyone involved in child support proceedings is subject to compulsory financial disclosure.
Determining Child Support Payments
New York's guidelines for determining child support payments are fairly straightforward, but that doesn't mean they aren't confusing. New York operates on an income-shares model. Under this system, the parents' gross income gets combined to determine the starting point. If one parent has a gross income of $60,000 and the other $40,000, their gross income is $100,000.
The shared gross income represents the funds available if the parents and children were in a single household. The court then applies a formula to determine how much of that income would have been spent on the children. The number of children the parents have between them decides the percentage:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- At least 35% for five or more children
Parents with two children and a gross income of $100,000 would have a base child support cost of $17,000 between them. How that amount is split depends on factors such as who is the custodial parent and what percentage of the gross income each parent contributed.
In most cases, the noncustodial parent (NCP) will pay more because the custodial parent handles the day-to-day expenses. Childcare expenses, health care expenses, and medical expenses are often add-ons that follow the gross income percentage. The court can order the NCP to pay all education expenses.
Every case is different. The court can adjust child support amounts to fit the situation. This often happens when there's a big difference between the parents' incomes. The support magistrate can use alternate methods of child support payment determination in their order of support if the combined gross income is over $183,000.
It's possible to request modifications to child support payments. This is common after major life changes such as loss of employment, financial gain by one of the parents, or a change in marital status.
All child support payments are subject to review every two years. This is to determine if cost of living adjustments (COLA) apply. If you have questions or issues with child support payments, ask a New York family law attorney for legal advice.
Child Support Payments and Penalties
Since the well-being of children is at stake, New York isn't inclined to tolerate issues with child support payments. The New York State Office of Child Support Services (OCSS) transfers funds to the custodial parent.
In most cases, the NCP's employer deducts the child support amount from the NCP's paycheck, which goes to the New York State Child Support Processing Center. But, NCPs can make other arrangements for submitting child support.
New York has several agencies that enforce child support payments. The names can vary by county. These include the following:
- Child Support Enforcement Unit (CSEU)
- Child Support Enforcement Bureau (CSEB)
- Support Collection Unit (SCU)
Nonpayers face garnishment of their paychecks or unemployment benefits if they fall into arrears (owe child support). Other methods used to collect on overdue child support include:
- Income tax refund intercept (federal and state)
- Credit bureau submission
- Lottery winnings intercept
- Property execution (seizure of financial assets)
- Suspension of driver's license
- Denial of issuance or renewal of a passport
- Liens against real estate and court awards
It's possible to face jail time for child support nonpayment issues. This includes making a voluntary substantial change in your ability to earn income for paying child support. Violators face a class A misdemeanor charge for second-degree non-support of a child. A second instance within five years is a class E felony.
New York Child Support Laws: Review
No matter how you feel about your child's other parent, it's important to ensure your offspring are well cared for. Child support can help make that happen. The table below recaps what you've learned about New York child support laws and supplies links for further research.
| New York child support code statutes | Consolidated Laws of New York Chapter — Family Court Child Support Standards Act (CSSA)
Chapter — Penal Article 260 — Offenses Related to Children, Disabled Persons, and Vulnerable Elderly Persons
|
|---|---|
| Basic child support obligation formula | The gross combined parental income gets multiplied by one of the following child support percentages:
Each parent is responsible for a percentage of the child support amount equal to their gross income contribution percentage. This does not include health care insurance charges or childcare costs. |
| Factors considered by New York courts when deviating from basic child support obligation | New York courts will consider all relevant factors if deviating from the basic child support obligation. These include:
|
| Penalties for nonpayment of child support | Possible penalties for falling at least four months into arrears on child support payments include:
(NY FCA Section 458-a; NY FCA Section 458-b; NY Penal Law Section 260.05; NY Penal Law Section 260.06) |
Note: New York state laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. Speak with a New York family law attorney to confirm current state laws.
New York State Child Support Laws: More Resources
- Child Support
- New York Child Support Services
- New York Child Support Guidelines
- New York Child Support Enforcement
- New York City Child Support Handbook for Noncustodial Parents
Having Issues With Child Support in New York? An Attorney Can Help
The needs of the child are at the forefront of any child support issues. They need someone to ensure they have health insurance coverage, food, and other necessities. As their parent, you must do your part. If the other parent isn't holding up their end of the agreement, a New York family law attorney can help.
A lawyer can alert you to available social services, ensure the other parent's share of child support is fair, and guide you through all phases of your child support case. Don't go it alone with something as important as your children. Talk to a child support attorney for legal advice.
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