New York Child Support Frequently Asked Questions

In New York, both parents are responsible for supporting a child, but child support is generally considered to be the money a noncustodial parent pays a custodial parent to help support the child. A court will look well beyond food and clothing to things such as educational expenses, health insurance, medical care and child care while the custodial parent is at work.

Yes, if you have custody of the child you can get child support, but you must establish paternity with an Acknowledgment of Paternity or an Order of Filiation.

No, the custodial parent can get child support from their child’s other parent even if the custodial parent can afford to support the child alone. Also, it does not matter whether or not you were married.

Yes, in New York you can get a court order for child support even if you are living with the child’s other parent if that parent refuses to help pay for the child’s expenses.

Yes, if your child is in foster care, both parents still have a legal obligation to support the child.

Parents must support their children in New York until they are 21 years of age or emancipated.

The New York laws on calculating child support are Domestic Relations Law section 240 (1-b) and the Family Court Act section 413(1)(b). As a starting point, child support is based a statutory formula that adds the income of both parents and multiplies that by statutory child support percentage based on the number of children. These percentages are:

• 17% of the combined parental income for one child
• 25% of the combined parental income for two children
• 29% of the combined parental income for three children
• 31% of the combined parental income for four children
• No less than 35% of the combined parental income for five or more children.

The formula has a cap for combined incomes, which at the time of this writing is $143,000, but it is adjusted periodically. Should the combined incomes exceed that amount, the court may still use the formula for all of the income, or it can only use it for only the cap amount. A court will often just ignore the cap, but sometimes might impose it if the noncustodial parent can show they are very involved and already paying above and beyond child support for the child’s expenses. A court will also look at these factors:

• the financial resources of the child and each parent
• the child’s physical and emotional health and any special needs and aptitudes
• the standard of living the child would have enjoyed if not for the divorce
• the tax consequences to each spouse
• the non-monetary contributions that the parents will make toward the care and well-being of the child
• the educational needs of either parent
• whether one parent’s gross income is substantially less than the other parent's gross income
• the needs of any other children of the non-custodial parent for whom that parent is providing support

Here is a simple example of the basic formula: You have one child, and you have physical custody. Your income is $30,000 per year and your ex-spouse has an income of $90,000 per year. Your combined incomes are $120,000.

The court multiplies your combined incomes by the statutory percentage for one child.

$120,000 x .17 = $20,400

So $20,400 is the basic child support obligation. You are responsible for 25% of $20,4000, which is $5100, because your income ($30,000) is 25% of the combined parental income of $120,000. The other parent must pay 75% ($15,300).

Therefore, your ex-spouse must pay you $15,300 in child support over the year. Since you have physical custody of your child, there is a presumption that you are spending your share on your child’s expenses. Of course, should the child have additional expenses such as large medical expenses, both parents must pay.

You can execute a properly written agreement with your child’s other parent and submit it to the court for approval, or you can file a petition for support in Family Court.

If you don’t have a job, you may still have income you can use to pay child support. This would include benefits such as disability, veterans, retirement, unemployment and social security. It would also include pensions, workers’ compensation and annuity payments.

Should the court calculate an amount you cannot pay, your lawyer will need to present evidence to the proper New York court that the amount is impractical given your financial situation.

If you have suffered a significant financial setback such as losing your job, your attorney can petition the court for a modification in child support. Your attorney will file the petition with the same court which originally ordered your child support.

Yes, the judge can order an amount you agreed on that is different from the statutory calculation. You can waive statutory child support obligations as long as your waiver has the correct format and content to protect both parties. The court wants to be sure parties understand the rights they are waiving. You will want to consult with your lawyer.

No, in New York, the only person who can forgive missed payments is the person to whom you owe them.

The financial support of a child is the obligation of the child’s parents. Unless the stepparent legally adopted the child, in most cases the stepparent is not required to support the child. However, when determining the amount of their own money that a parent has available to pay child support, some states will consider a stepparent’s income and contribution to household expenses.

Yes. If the court has issued an order that you must pay child support, you must do so regardless of whether you see your child. A child support order is separate from an order related to visitation. If you fail to pay child support as ordered your risk penalties including loss of driver’s license and jail. However, if a parent interferes with visitation, you have the right to alert the court. The court may impose penalties for interfering with visitation that may include suspension of child support. However, you should not unilaterally stop paying child support.

Producing a DNA that shows that you are not the biological father of a child may not be enough to stop your obligation to pay child support. The court will consider other factors to determine what is in the best interest of the child. For example, if you have financially supported the child for several years, then the court might conclude that it is in the best interests of the child for you to continue in that role.