💰 New York Child Support

Child support is financial support provided by a parent for the care and maintenance of their child. Under New York law, both parents are financially responsible for their children, regardless of whether they were married or have ever lived together.

How Child Support Is Calculated

New York uses a statutory formula under the Child Support Standards Act (CSSA) at Domestic Relations Law § 240(1-b) to calculate the basic child support obligation.

Basic Child Support Calculation

The basic child support obligation is the combined parental income (up to the statutory cap) multiplied by the statutory percentage based on the number of children:

- One child — 17% of combined parental income
- Two children — 25% of combined parental income
- Three children — 29% of combined parental income
- Four children — 31% of combined parental income
- Five or more children — 35% or more of combined parental income

Income Cap

Effective March 1, 2026, the combined income cap rose to $193,000 (up from $183,000). The basic obligation is then prorated between the parents in proportion to their incomes.

Example: If the combined parental income is $193,000 and there are two children, the basic child support obligation is $193,000 × 25% = $48,250. If Parent A earns $120,000 and Parent B earns $73,000, Parent A's share is 62% ($38,000) and Parent B's share is 38% ($23,000).

Add-On Expenses

In addition to basic child support, the following expenses are prorated between the parents based on their respective incomes:

- Child Care Expenses — Child care costs necessary for work or education
- Health Insurance — Health insurance premiums for the children
- Unreimbursed Health Expenses — Medical, dental, and psychological expenses not covered by insurance

Duration of Child Support

Child support continues until the child turns 21 under New York law, unless the child is earlier emancipated.

Emancipation Events

- The child turns 21
- The child marries or enters into a civil union
- The child joins the military
- The child becomes self-supporting
- The child is incarcerated

Modification of Child Support

Child support orders may be modified if there has been a substantial change in circumstances, such as:

- A significant change in either parent's income (increase or decrease)
- Changes in the child's needs (e.g., medical condition, educational expenses)
- Emancipation of the child
- A parent's loss of employment or incarceration
- A parent's remarriage creating new financial obligations

Change in Circumstances

To modify a child support order, the parent seeking modification must demonstrate a "substantial change in circumstances." Under Domestic Relations Law § 236(B)(9)(b), a difference of 15% between the current income and income at the time of the last order is a sufficient basis for modification.

Advance Notice Required

A parent seeking to terminate or modify child support must provide the other parent with written notice at least 60 days before the proposed termination date, or at least 60 days before filing a petition to modify. Failure to provide this notice may result in the court retroactively modifying child support only to the date the notice was provided.

Enforcement of Child Support Orders

If the other parent is not paying child support as ordered, I can help you seek enforcement through the court.

Enforcement Mechanisms

- Income Execution — Automatic deduction from wages
- Contempt Proceedings — Court order finding the non-paying parent in contempt, with potential jail time
- Garnishment of Bank Accounts — Seizure of funds from bank accounts
- Suspension of Professional Licenses — Including driver's licenses and professional licenses
- Tax Refund Intercept — Seizure of federal and state tax refunds

Child Support and Health Insurance

Under New York law, child support orders must include provisions for health insurance coverage for the child. The cost of health insurance premiums is prorated between the parents as an add-on expense.

If health insurance coverage is not available through a parent's employment, the child may be eligible for:

- Child Health Plus — New York's low-cost health insurance program for children
- Medicaid — Government health insurance for low-income individuals and families

Fee Arrangements

Child support matters are generally billed on an hourly, flat-fee, phased, or hybrid basis, depending on the complexity of the matter, procedural posture, and anticipated scope of representation. All fee arrangements, anticipated costs, and the scope of representation are discussed during the initial consultation and confirmed in a written retainer agreement.

Initial Consultation

An initial consultation is $300 for up to one hour. The consultation fee is non-refundable. If I accept your matter and you sign a retainer agreement, I may, in my discretion, credit some or all of the consultation fee toward future legal services.

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