Child Support Cases

Child Support in New York State: A Detailed Overview

Introduction

In New York State, parents are legally obligated to support their children until the age of 21, unless the child becomes emancipated sooner.
Child support is a court-ordered financial obligation requiring one parent to contribute to the child’s essential needs — including food, clothing, shelter, education, and healthcare.

The primary law governing child support is the Child Support Standards Act (CSSA), which sets out the formula used by courts to calculate each parent’s share of support.

|This information is for general purposes only and should not be taken as legal advice. For guidance specific to your case, consult with a qualified New York family law attorney.|

The Child Support Standards Act (CSSA): The Formula

The CSSA uses a three-step formula to determine the basic child support obligation.

Step 1: Determine Combined Parental Income

Add together both parents’ gross income (before taxes), minus allowable deductions such as:

• FICA and local income taxes
• Child support paid for other children
• Maintenance paid to a former spouse

Income includes wages, self-employment income, dividends, bonuses, disability or workers’ compensation, and pensions.

Step 2: Apply the Statutory Income Cap

As of 2025, the income cap for guideline application is $183,000 in combined parental income.
For income above that amount, the court may:

• Apply the same percentage to income over the cap, or
• Use discretion based on the child’s needs and each parent’s financial circumstances.

Step 3: Apply the CSSA Percentages

The resulting figure is the Basic Child Support Obligation — the total amount meant to cover basic living expenses.

Calculating Each Parent’s Share

Each parent is responsible for their pro-rata share of the total obligation.
For example:

• If Parent A earns 60% of the combined income, Parent A is responsible for 60% of the child support.
• The non-custodial parent (who spends less than 50% of time with the child) usually pays their share to the custodial parent.
• In shared custody situations, the higher-earning parent is typically designated the non-custodial parent for support purposes.

Add-On Expenses (FCA § 413(1)(c)(5))

In addition to basic support, the court may order payment for certain mandatory “add-on” expenses, which are divided between parents based on income:

• Childcare Costs: Reasonable expenses incurred so the custodial parent can work or attend school.
• Health Insurance: Cost of medical coverage premiums.
• Unreimbursed Medical Costs: Out-of-pocket medical, dental, optical, or psychological expenses.

Courts may also include optional add-ons such as:

• Private or post-secondary education
• Tutoring or special needs education
• Extracurricular activities, if appropriate to the child’s standard of living

Deviations from the CSSA Guidelines

While the CSSA provides a presumptive amount, courts can deviate if applying the formula would be unjust or inappropriate.

Courts consider factors such as:

• Financial resources of each parent and the child
• Special needs or aptitudes of the child
• The standard of living the child would have enjoyed if the parents lived together
• Tax implications for each parent
• Non-monetary contributions to the child’s care
• Extraordinary visitation or travel expenses

Any deviation must be explained in the written court order.

For more Maintenance and Child Support Tools visit NYCourts.gov- https://ww2.nycourts.gov/divorce/MaintenanceChildSupportTools.shtml

Initiating or Modifying a Child Support Order

Establishing Paternity

If parents were not married when the child was born, paternity must be legally established before support can be ordered.
This can be done by:

• Signing an Acknowledgment of Paternity, or
• Obtaining a court order of filiation through a paternity proceeding.

Filing a Petition

• File a Support Petition in the Family Court where the child resides.
• The respondent parent must be served with a summons and petition.

Court Hearings

Hearings are typically conducted by a Support Magistrate, where both parents present income documentation and other evidence.

Modification of Orders

A support order may be modified when:

• There is a substantial change in circumstances,
• Either parent’s income changes by 15% or more, or
• Three years have passed since the order was issued.

Modifications may also be requested if a child becomes emancipated or custody arrangements change.

Termination of Child Support

Child support generally continues until the child turns 21 unless:

• The child is married, self-supporting, or in the military.
• A child between 17–21 may also be deemed emancipated if they leave home and refuse parental authority.

To formally terminate support, a petition to terminate must be filed and approved by a Family Court judge.

Enforcement of Child Support Orders

Failure to pay child support can lead to serious enforcement actions, including:

• Income withholding (wage garnishment)
• Seizure of tax refunds or bank accounts
• Suspension of driver’s, professional, or business licenses
• Passport denial or revocation
• Contempt proceedings, which may result in fines or jail time

The Child Support Enforcement Unit (CSEU) and Office of Child Support Services (OCSS) can assist with enforcement and collection.

Important Considerations

• Parental Agreements: Parents can create written child support agreements, but they must comply with the CSSA and be approved by the court.
• Legal Representation: Family Court can be complex — professional legal representation ensures your rights and obligations are clearly understood.
• Support Collections Unit (SCU): Many payments are made through SCU, which distributes funds and maintains official records.
• Support Magistrates: These officials conduct hearings and issue orders under the authority of the Family Court.

Disclaimer

This content is for general informational purposes only and does not constitute legal advice.
Child support laws can change and are subject to judicial interpretation.
For personalized guidance, contact Steven Zalewski, Esq., an experienced Suffolk County Family Law Attorney.

Contact Steven Zalewski, Esq.

Cell: (516) 660-4654
Office: (516) 377-7830
Email: steve@zandzfamilylawyers.com
Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749

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Learn More:

• Custody Cases
• Visitation Cases
• Modification Cases