Leading Child Support Lawyers in New York City
Protecting your child’s future by helping parents reach a fair child support agreement. We are the leading Child Support attorneys in Brooklyn & Manhattan.
How Child Support Works in New York CITY
When parents go through a divorce in New York, one parent typically assumes primary custody of the children, while the other parent becomes the non-custodial parent. In these situations, child support in New York is usually required to help cover the financial needs of the child, including their basic living expenses, education, and healthcare. The non-custodial parent is generally responsible for making child support payments to the custodial parent.
In New York City, the custodial parent is typically not required to provide a detailed accounting of how the child support funds are spent. However, it’s essential to understand that not all financial contributions to the child are considered part of child support. For example, voluntary gifts, clothing, or transportation provided by the non-custodial parent are not counted as child support payments. These gifts may be beneficial to the child but do not replace the legal obligation of child support in New York City.
If you need assistance in any legal matter involving child support, knowledgeable legal help is available to you from one of our New York divorce attorneys at any time.
Calculating Child Support
One of the first questions many parents ask is, “How is child support calculated in New York?” The child support calculation is based on a percentage of the combined parental income. New York’s child support guidelines provide a structured formula for determining these payments, which ensures fairness and consistency across cases.
Here’s how it works:
- One child: 17% of the combined parental income
- Two children: 25% of the combined parental income
- Three children: 29% of the combined parental income
- Four children: 31% of the combined parental income
- Five or more children: At least 35% of the combined parental income
These percentages are applied to the total combined income of both parents, so the child support amount will vary depending on the parents’ financial situation.
How to Request a Child Support Modification in New York
Life circumstances can change, and when they do, you may find it necessary to modify your child support order. Child support in New York is not set in stone. If either parent’s financial situation changes significantly—such as a job loss, a large increase in income, or a change in custody arrangements—they may request a modification of the child support order.
To initiate a modification, either parent can file a petition in Family Court. However, it’s important to note that modifications are not automatic and must be approved by the court. Consulting a skilled family law attorney can help ensure that your case is handled efficiently and fairly.
The Risks of Not Paying Child Support in New York
When a parent fails to meet their child support obligations, New York State has strict enforcement measures in place to ensure payments are made. If you do not pay your court-ordered child support, the state can take several actions, including:
- Wage Garnishments: A portion of the non-custodial parent’s wages may be withheld and sent directly to the custodial parent.
- Property Liens: The court may place a lien on the non-custodial parent’s property, which means they cannot sell or refinance the property until the arrears are paid.
- Driver’s License Suspension: Failure to pay child support can result in the suspension of the non-custodial parent’s driver’s license, making it difficult to commute to work or fulfill daily responsibilities.
If child support in New York is not paid, the parent responsible for the payment could face legal action. This could include penalties such as fines, additional fees, and even jail time in extreme cases.
When Does Child Support End in New York?
Child support in New York typically ends when the child turns 21, but there are exceptions. If the child becomes emancipated before turning 21, child support in New York may be terminated earlier. Emancipation can occur in various situations, such as when the child marries, joins the military, or becomes financially independent.
In some cases, the court may order child support to continue even after a child turns 21 if the child has special needs or disabilities that require ongoing care. In such cases, the court will assess the child’s specific requirements, and may extend support until the child reaches the age of 26 or becomes financially independent, ensuring they receive the necessary care and assistance for as long as needed.
Skilled Attorneys Dedicated to Protecting Your Child Support Rights in New York
At Brian D. Perskin & Associates, our New York family law attorneys are highly skilled in handling child support cases and are committed to fighting for a fair and reasonable outcome that works for you and your family. We understand that every family’s situation is unique, and we will work tirelessly to ensure that your child support arrangement is equitable and in the best interest of your children.
If you need assistance in any legal matter involving child support, our team is ready to help you. Contact us today for a consultation and let our attorneys fight for a child support agreement that truly works for your family’s needs.
Frequently Asked Questions
Typically the non-custodial parent pays child support. Learn More
In New York child support is determined by a fixed percentage of parental income. Learn More
Parents have to pay child support until their child is 21 years of age. Learn More
If you are unable to pay child support, it is important not to ignore the obligation, as enforcement actions can be taken against you. Instead, you should promptly seek a modification of the existing court order by filing a formal request with the family court and providing evidence of a substantial change in circumstances, such as job loss or reduced income. Taking action early and maintaining communication can help you avoid serious consequences like license suspension, property liens, or other penalties.
To contest a request to lower child support, you must respond through the court process and present evidence showing that a reduction is not warranted. The parent seeking the reduction must demonstrate a substantial change in circumstances, and you have the opportunity to challenge that claim by showing that the change is insufficient or that the child’s needs remain the same. The court will review both sides and decide whether a modification is justified based on the evidence presented.
A child custody evaluation typically involves a detailed review of each parent’s ability to care for the child, including interviews, observations, and sometimes psychological assessments. The evaluator may meet with both parents and the child, observe parent-child interactions, and gather information from third parties such as teachers or doctors. The process can take several weeks or months and results in a report that helps the court determine what arrangement is in the child’s best interests.
Courts require evidence because child support and spousal support are designed to ensure financial stability and protect the well-being of children and former spouses. Judges will not approve a reduction based on claims alone. Instead, the requesting party must provide proof of a substantial and ongoing change in circumstances, such as job loss, reduced income, or health issues. This requirement helps prevent unsupported or unfair requests and allows the court to make balanced decisions based on verified financial realities.
If your ex requests an increase in child support, you should not ignore the request. Instead, carefully review the reasons and supporting evidence, gather your own financial records, and assess whether there has been a genuine change in your child’s needs or your financial situation. It is also important to respond through the proper legal process, as only the court can modify a child support order. Being prepared and organized helps ensure your position is fairly considered and protects you from an unjustified increase.
If you lose your job and cannot meet your child support obligations, it is important to take immediate legal action rather than falling behind on payments. You should file a request with the court to modify your existing child support order and provide documentation showing your change in income or employment status. The court will review your situation and determine whether an adjustment is appropriate. Acting promptly and maintaining communication can help you avoid enforcement measures and long-term financial consequences.
Courts in New York City rely on a comprehensive review of financial information, including each party’s gross income, assets, and overall financial circumstances. This can involve evaluating earnings, real estate holdings, investments, retirement accounts, and other resources to ensure an accurate picture of each party’s ability to pay or need for support. The goal is to base support decisions on a complete and transparent assessment of financial reality, rather than income alone.
Hiring a Family Law Attorney You Can Count On
At Brian D. Perskin & Associates P.C. we know how difficult facing a child support case can be. Let us guide you through your case and help you reach an agreement you feel is fair.
Contact our Manhattan or Brooklyn Child Support Lawyers Today
Reach out today and let our skilled New York child support attorneys guide you through establishing, modifying, or enforcing your support arrangement with confidence.
