Child Support

Child Support

Child support payments in the State of New York for maintenance, sustenance, and education are generally made on by the non-custodial parent. Gifts given voluntarily for the child’s benefit for items such as transportation, clothing, and expenses related to rent or vacations are not considered to be in the category of child support. The parent with custody of the child is usually not held responsible for support payments in NY State.

When the child is 21 years of age, the child support is terminated. It will also stop if a child is legally emancipated at an earlier age. The parents may agree to support their children beyond the age of 21, for example, until the children graduate from college. According to the New York State Child Support Standards Act (also known as CSSA) Guidelines: child support is calculated pursuant to the CSSA, (Domestic Relations Law §240(1--b) and Family Court Act § 413(1)(b)).

Get help from an experienced lawyer

For many years, matrimonial attorney Ingrid Gherman has been handling divorce and separation cases involving child support as a component. She also has acquired a depth of experience in modification and enforcements proceedings in both Family Court and the Supreme Court in all counties in the vicinity of New York City. If you need help with a case involving child support, contact the law office of Ingrid Gherman to set up a consultation to learn all of your options. Call (212) 941-0767 or send the on-line form.

Guidelines and calculations

The guideline contains tables which consider the gross incomes of both parents and appropriate deductions. To calculate the obligatory child support basic, you multiply the ‘parents’ combined income by the suitable percentage of child support. The definition of ‘income’ is based on upon the most current Federal tax return’s gross income minus any deductions for city income taxes and social security.

The “percentage of child support" is fixed as follows:

  1. one child = seventeen percent of the parents’ combined income
  2. two children = twenty-five percent of the parents’ combined income
  3. three children = twenty-nine percent of the parents’ combined income
  4. four children = thirty-one percent of the parents’ combined income; and
  5. for five children or more = no less than thirty-five percent of the parents’ combined income

In addition to ordering the payment of child support, the Court can order the non-custodial parent to pay his\her pro rata share of the children’s or child's reasonable future expenses for health care that insurance does not cover and the reasonable child care expenses when the custodial parent is working or attending school. The Court also has discretion to order the non-custodial parent to cover the expenses of future or present special, private or enriched education for the children.

Enforcement and modification proceedings

Enforcement of Child Support in New York: A court judgment or order can be enforceable in a circumstance in which there is a refusal by the non-custodial parent make child support payments. The enforcement can include liens on property, garnishment, income execution, wage deduction, or a possibly contempt of court ruling. In New York, it is not possible to discharge arrears of child support payments in bankruptcy court.

Modification of Child Support in New York: Until each child is emancipated, the court has the power to modify custody, visitation and child support in the event of a demonstration that circumstances have changed. The modification could result in a change of custody or visitation, or an increase or decrease in the support obligation. Remarriage of either parent does not automatically result in a change of circumstances. In New York, a child is emancipated when he or she marries, joins the armed services.

For legal help with any aspect of child support or child custody and visitation, consult with experienced and knowledgeable family law attorney Ingrid Gherman, call (212) 941-0767 or send in the convenient on-line form.