Your New York Child Support Case: The Basics

New York child support is determined by family courts using guidelines from the New York Child Support Standards Act to make sure the amount of child support maintains the child’s standard of living, like it would be if the parents remained together. The amount is based on the combined income of both parents and the number of children. The custodial parent can request support from the non-custodial parent, with payments covering basic needs and additional expenses. Support continues until a child turns 21, unless certain situations occur. Child support can be modified but requires a significant change in circumstances. Legal assistance can help navigate the complexities of child custody and child support cases.

If you’re currently dealing with a messy New York child support case, you should familiarize yourself with New York’s child support laws. Once the family law judge issues a child support order, it’s hard to get them to change it.

Here, we’ll provide an overview of a typical New York child support case. We will explain how to request support and how the courts determine the amount of child support the non-custodial parent (NCP) must pay.

Which Parent Gets Child Support in New York?

In New York, the custodial parent can apply for child support from the non-custodial parent. If the mother has primary physical custody, she must establish paternity before she can demand child support.

The easiest way to establish paternity is to sign a voluntary “Acknowledgement of Paternity” form. The courts can also help establish paternity by issuing an “Order of Filiation.”

Under New York law, a parent’s child support obligation continues until the child turns 21 unless the child marries, becomes emancipated, or joins the military. Even then, the non-custodial parent must file a motion with the court to terminate child support payments.

How Do I Request Child Support in New York?

You must apply for child support in New York State. You’ll find an application for child support from the New York State Office of Temporary and Disability Assistance. You can also request this form from the New York State Child Support Customer Service Helpline at 888-208-4485.

The Child Support Enforcement Unit in New York can also help with:

• Locating a non-custodial parent

• Establishing paternity

• Filing court paperwork to begin or modify an order of support

• Collecting and distributing support payments

• Enforcing support obligations

• Legal services

If you and your ex are still on speaking terms, you can waive the basic child support obligation by drafting your child support agreement. Both parents must agree to bypass the child support guidelines, and the court must approve the agreement.

How Much Child Support Will I Get?

A parent’s basic child support obligation includes the basic needs of the child, such as food, clothing, and health insurance. The support amount also includes such other things including:

• Educational expenses/Private school tuition

• Unreimbursed medical expenses

• Childcare expenses

• Healthcare expenses

• Healthcare costs

Like all other states, New York employs child support guidelines to determine the amount of child support the NCP must pay. The guidelines are based on the combined parental income and the number of children.

After accounting for deductions like Medicare, Social Security, public assistance, and New York City tax, the court multiplies the combined gross income of both parents by a specific percentage in the guidelines.

The percentages are as follows:

• 17% for one child

• 25% for two children

• 29% for three children

• 31% for four children

• At least 35% for five or more children

The court then splits this amount between the two parents, depending on their percentage of the combined income.

Given how complex calculating child support can be, an example might help:

Angela and Bob were married and had two children: Christine and David. Bob makes $150,000 per year on Wall Street, while Angela earns $50,000 from her cupcake shop. Their combined gross income is $200,000. Angela has primary custody of the kids.

Under the guidelines, Bob’s child support court order will be for $37,500 per year. The court arrives at this amount by multiplying the 25% for two children by Bob’s share of the total income.

There are times when the court can deviate from the child support guidelines. The court’s primary concern is the best interests of the child. Therefore, if the court finds that the amount of child support is too low, the judge may increase it.

Can I Change My Child Support Order?

Either parent can request a modification in child support by showing a substantial change in material circumstances. To modify child support, you must file a petition with the court system that issued the existing child support order.

Only a judge can modify your child support obligation. Typically, the court will entertain a change in support when the existing child support order is three years old. They’ll also consider a modification if the obligor’s income changes by at least 15%.

What If the Other Parent Doesn’t Pay Child Support?

If you’re having trouble collecting child support from your ex, contact the New York Support Collection Unit at (212) 226-7125 or the New York County Child Support Helpline at 1-888-208-4485. The Department of Social Services offers child support services as well.

When the paying parent fails to make child support payments, the child support enforcement agency can take money from their income tax refund or bank accounts, suspend their driver's license, and notify credit agencies about their arrears.

In some instances, the judge can jail an obligor who doesn’t pay child support on time.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. FindLaw strives to provide its readers with the most current information. Contact a skilled family law attorney or conduct further research to confirm your state laws.

Additional Help

Dealing with a former spouse over child support can be difficult. Having a child support attorney makes the process easier. If your child’s other parent isn’t paying their child support, or you need to apply for child support, consult an experienced New York family law attorney.