New York Child Support Lawyer

A child support order decides how much money moves between two households every month, and it can stay in place until a child turns 21. In New York City, that might mean one parent stretching a single paycheck across rent, child care, and school costs, while the other watches a large share of hourly or gig income disappear. Stephen Bilkis & Associates helps parents on both sides of these cases, in Family Courts across the five boroughs, Long Island, and Westchester.

New York child support lawyer Stephen Bilkis has nearly 30 years of experience with support petitions, modifications, enforcement cases, and other family law matters. The firm has handled more than 600 child support cases, and its attorneys share more than 300 years of experience.

If you are raising your children on your own, you may be worried that support will never cover what they actually cost, or that the other parent will hide income or simply stop paying. You may also be wondering how long the court process will take. If you are the parent being asked to pay, you may fear an order based on income you no longer earn, money taken straight from your paycheck, or a suspended license. We start by listening to your side of the story and reviewing both parents’ finances. Then we focus on an order that reflects what each parent truly earns and what your children need.

From the first meeting through the final order, your case stays with a firm whose founder has earned wide professional recognition. Stephen Bilkis has been named to the New York Super Lawyers list, which includes only the top 5% of attorneys in the state. He has also earned an Excellent designation from Avvo, a Top-Rated Lawyer honor from Justia, and recognition from Expertise.com and TopLawyer.com.

How Child Support Is Calculated in New York

The first question most parents ask a New York child support lawyer is simple and urgent: how much will the payment be each month? Stephen Bilkis and his team begin answering it by gathering both parents’ tax returns, W-2s, 1099s, and pay stubs, so the math starts with real numbers instead of guesses. We then run the guideline calculation and check it against each parent’s earning history.

New York sets child support under the Child Support Standards Act. The court starts with each parent’s gross income and subtracts deductions allowed by law, such as Social Security and Medicare taxes and New York City income tax. Spousal maintenance can also affect the numbers, depending on which parent pays it. The two incomes are added together, and a percentage is applied based on the number of children: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Each parent owes a share based on income, and the noncustodial parent pays that share to the custodial parent. DRL § 240(1-b); Fam. Ct. Act § 413.

Combined income above the statutory cap, which is updated every two years, needs more than the formula. The court can apply the percentages to the extra income, weigh the law’s listed factors, or both, but must explain why. In Cassano v. Cassano, New York’s highest court upheld applying the percentages above the cap. 85 N.Y.2d 649 (1995). In Bast v. Rossoff, the same court held that the formula still applies when parents share custody. 91 N.Y.2d 723 (1998). With equal time, the higher earner generally pays.

Parents working toward a settlement usually want to know whether they can agree on an amount different from the New York child support guidelines. They can, but the agreement must say both parents were told about the Child Support Standards Act and that the guidelines would normally apply. It must also state the guideline amount and explain why the parents chose a different one. We draft these agreements so a court will not reject them for missing that language.

Child Support When a Parent Hides or Underreports Income

It is maddening to watch the other parent take vacations while claiming to earn almost nothing. Stephen Bilkis knows a tax return is only a starting point, especially when a parent owns a business, earns tips or commissions, or is paid in cash. Our attorneys subpoena bank statements, business ledgers, and payroll records, and we work with forensic accountants when money is buried inside a company.

New York courts are not limited to the income a parent reports. A judge or support magistrate can base support on what a parent is able to earn, looking at work history, education, and skills. The same applies to a parent who quits a job or cuts back hours to lower support. For example, a mother in Washington Heights comes to us because her ex reports earning $28,000 a year from his car service business yet just leased a new SUV. Our approach would be to subpoena his business bank records and dispatch app payouts, then compare his spending with his tax returns. We would then ask the support magistrate to set support based on the income his lifestyle shows.

Child Care, Medical, and College Costs in Child Support

The basic payment rarely covers everything a child needs, and fights over daycare bills, braces, or tuition can drag on for years. At Stephen Bilkis & Associates, we push to have these costs addressed in the order itself, so you are not left negotiating every new expense. We gather daycare invoices, insurance premiums, and medical bills early, so the order reflects real costs.

Under New York law, reasonable child care costs tied to the custodial parent’s job are generally divided in proportion to the parents’ incomes. Courts may also divide child care costs tied to qualifying school, job training, or a job search, depending on the circumstances. Uninsured medical costs are generally shared the same way. The court also decides who provides health insurance and how to split the part of the premium that covers the child. Educational expenses, such as private school, can be divided as well. DRL § 240(1-b)(c).

New York does not automatically require parents to pay for college, but because support can continue until a child turns 21, courts can order contributions to college costs. We negotiate clear terms on tuition, housing, and who pays what, often capped at SUNY or CUNY costs.

Paying parents also ask whether New York child support can end before 21. Support may end sooner if a child becomes legally emancipated, for example through marriage, military service, or full financial independence. A court may also suspend support when a child of working age refuses all contact with the paying parent without good reason. Courts do not grant this automatically, and they consider the child’s behavior and whether the paying parent caused or contributed to the falling-out. Even then, a parent with a court order should not simply stop paying, so we gather proof and ask the court to end or suspend support.

Child Support for Parents Who Never Married

You may have raised your child alone for years, or you may be a father who wants a legal relationship with your child. Stephen Bilkis and his team regularly handle paternity and child support together, since legal parentage generally must be established before a final support order is entered. We file both petitions together when needed so the case keeps moving.

Paternity can be established when both parents sign an Acknowledgment of Paternity, often at the hospital after the birth. Without one, either parent can file a paternity petition in Family Court, and the court can order genetic testing. Fam. Ct. Act art. 5. While the paternity case is pending, a court can sometimes order temporary support. Fam. Ct. Act § 542. Once paternity is established, the same guidelines apply as for married parents. Paternity also lets a father seek custody or visitation.

Once a father has regular parenting time, a question that comes up is whether the other parent can stop visits because support goes unpaid. A parent cannot withhold court-ordered visitation on their own for that reason. Support and parenting time are separate obligations, so unpaid support must go through the court’s enforcement process. Likewise, a paying parent whose visits are blocked cannot simply stop paying. In exceptional cases, a court may suspend future payments when the other parent deliberately interferes with visitation, but support already due must still be paid. We help parents pursue the right remedy.

How to File for Child Support in New York

Many parents filing for support have never been to Family Court and are not sure where to start. Stephen Bilkis makes sure clients have a lawyer handling each court step, so they are not on their own with the forms, court dates, and deadlines that follow. We file promptly, because support generally starts from the date the petition is filed, not the date you first needed it.

When child support is part of a divorce, it is decided in Supreme Court along with the other divorce issues. Otherwise, it is decided in Family Court, usually by a support magistrate. The petition can be filed in the county where either parent lives. A parent in Manhattan, for example, could file at New York County Family Court at 60 Lafayette Street. A parent who disagrees with a support magistrate’s final order generally has 30 days to file written objections if the order was received in court or personally served. If it was mailed or sent electronically instead, the deadline is generally 35 days. Fam. Ct. Act § 439(e). A New York child support lawyer at our firm can handle each of these steps for you:

• Reviewing your finances. We gather pay stubs, tax returns, and expense records before anything is filed.
• Filing the petition. We prepare the papers and file them in the proper court and county.
• Serving the other parent. We arrange proper delivery of the papers so the case is not delayed.
• Requesting temporary support. We ask the court for a temporary order so your children are not waiting months for help.
• Exchanging financial disclosure. We complete your sworn financial disclosure, review the other parent’s, and press for any records they leave out.
• Negotiating or going to a hearing. We seek a fair agreement and present evidence at a hearing when needed.
• Reviewing the final order. We check the order for errors, file objections when the numbers are wrong, and make sure payments are set up through the Support Collection Unit or by income deduction.

How to Modify Child Support in New York

A job loss, a big raise for the other parent, or a child’s new medical needs can make an old child support order outdated. Stephen Bilkis & Associates helps both paying and receiving parents ask the court to change support when life changes. We look first at whether you qualify, then file without delay, because a new amount usually takes effect only from the date the petition was filed.

For orders entered on or after October 13, 2010, a court can generally change support on any of the grounds below. Parents can opt out of the second and third grounds in a valid written agreement, and older orders may follow different rules. Fam. Ct. Act § 451.

• A substantial change in circumstances. The court looks at the whole situation, such as a serious illness or a child’s new needs, to decide whether the change is significant enough.
• Three years since the last order. Three years have passed since the order was entered, last modified, or adjusted.
• A 15% change in income. Either parent’s gross income has changed by 15% or more, though a drop must be involuntary and the parent must have made real efforts to find suitable work.

For example, if a father comes to us after losing his hospital job in a round of layoffs, our approach would be to file for a lower amount right away. Waiting would cost him, because support that builds up before the filing date generally cannot be reduced later. We would also gather his layoff notice, job applications, and unemployment records to show the loss was not his choice.

Parents also wonder whether a new spouse’s paycheck will raise New York child support. Generally, it will not. A new spouse’s income is not added into the guideline calculation, although a court may consider shared household resources in limited cases. When the other parent points to a new spouse’s paycheck, we show the court what each parent actually earns.

How to Collect Back Child Support in New York

Every missed payment forces a parent to decide which bill to put off. Stephen Bilkis and his team act quickly when support goes unpaid, filing violation petitions and asking the court to use the tools the law allows. We also help parents who have fallen behind, since a clear plan can sometimes prevent the harshest penalties.

Missed payments are common in New York City. According to the NYC Human Resources Administration’s Office of Child Support Services, only about 59% of city cases with an ongoing support obligation received a payment in October 2025. Our attorneys regularly help parents close that gap using the collection tools New York law provides:

• Paycheck deductions. Unpaid support can be taken directly from the paying parent’s wages.
• Tax refund intercepts. State and federal tax refunds can be taken and applied to the unpaid amount.
• License suspensions. A parent who falls far enough behind may have a driver’s license or professional license suspended.
• Money judgments. The unpaid amount can be turned into a judgment that is collected like other debts.
• Jail for willful nonpayment. If a court finds the failure to pay was willful, it can order up to six months in jail. Fam. Ct. Act § 454.

A failure to pay creates a presumption that the violation was willful. A parent who truly could not afford the payments can overcome it with proof. Powers v. Powers, 86 N.Y.2d 63 (1995). Whether you are owed support or behind on it, a New York child support lawyer can make sure the right evidence reaches the support magistrate.

When the paying parent has moved out of state, the order still matters. It can be enforced in other states under the Uniform Interstate Family Support Act. We work with the courts and agencies involved so distance is no excuse for nonpayment. Fam. Ct. Act art. 5-B.

Request a Free, No-Obligation Consultation with Stephen Bilkis & Associates

If you are seeking child support, have been served with a support petition, or need to change or enforce an existing order, contact an experienced New York child support lawyer at Stephen Bilkis & Associates today for a free consultation at 800.696.9529. Tell us what happened, whether a support order or court date is pending, and what you hope to accomplish. We will discuss your situation and identify the next steps that may be available.

No matter which of our attorneys you talk with, your case is handled by a firm led by Stephen Bilkis. He has been selected for the New York Super Lawyers list, which recognizes the top 5% of attorneys in the state, and Avvo rates him Excellent. Justia has named him a Top-Rated Lawyer, and Expertise.com and TopLawyer.com have recognized him as well.

Stephen Bilkis & Associates works with clients throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as Nassau County, Suffolk County, Westchester County, and other communities in the New York area.