Child Support in New York: What Every Parent Needs to Know
Understanding your rights and responsibilities is essential when navigating child support in New York. At Mindin & Mindin, P.C., we are dedicated to ensuring that children receive the financial support they need and that our clients are treated fairly under the law.
Whether you are seeking child support, facing an unfair support demand, or dealing with enforcement issues, our experienced New York child support attorneys can help.
📞 Call 888.501.3292 for a free consultation today!
Understanding Child Support in New York
Child support is a court-ordered financial obligation that ensures children receive the necessary resources for their upbringing. In New York, both parents are required to financially support their children until they turn 21 years old (unless they are legally emancipated before that age).
New York’s child support laws apply equally to children born inside and outside of marriage.
While parents are encouraged to negotiate agreements, courts apply state-mandated guidelines to determine child support payments based on income, custody arrangements, and other financial factors.
How Child Support is Calculated in New York
New York follows the Income Shares Model, which considers both parents' combined income to determine an appropriate child support amount.
💰 Basic Child Support Formula:
The court applies a fixed percentage of the parents’ combined income up to a cap ($183,000 as of March 1, 2024) based on the number of children:
17% for one child
25% for two children
29% for three children
31% for four children
At least 35% for five or more children
The non-custodial parent is typically required to pay their proportionate share of this amount based on their income.
📌 Example Calculation:
If both parents earn a combined $200,000, the first $183,000 is subject to the guidelines, with adjustments made for income beyond that threshold based on the child's needs.
Factors That Influence Child Support Payments
While the formula provides a starting point, courts can adjust child support obligations based on specific financial and lifestyle factors, including:
✅ Each Parent’s Income & Earning Potential
✅ Time Spent with the Child (Custody & Visitation Schedules)
✅ Health Insurance & Uninsured Medical Expenses
✅ Childcare Costs (Daycare, After-School Programs, Babysitting)
✅ Special Needs or Educational Expenses
✅ Existing Child Support Obligations for Other Children
✅ Extraordinary Expenses (Private School, Extracurricular Activities, College Savings)
Can Child Support Be Modified?
Yes—New York law allows child support modifications when there is a significant change in circumstances, such as:
🔹 A parent losing or changing jobs
🔹 A substantial increase or decrease in income
🔹 A change in the child's medical, educational, or financial needs
🔹 A change in custody or parenting time arrangements
If you need to increase, reduce, or enforce child support, our attorneys can petition the court on your behalf.
📞 Call 888.501.3292 to discuss modifying your child support order.
Enforcing Child Support Payments in New York
Unfortunately, some parents fail to meet their child support obligations. In these cases, we take aggressive legal action to secure the financial support your child deserves.
🚨 New York enforces child support through:
✔ Wage Garnishment & Income Withholding – Payments can be deducted directly from the non-paying parent’s paycheck.
✔ Tax Refund Interceptions – The state can seize federal and state tax refunds.
✔ Driver’s License Suspension – A parent who fails to pay child support can lose their driving privileges.
✔ Passport Revocation – Delinquent payments can result in the loss of a passport.
✔ Property Liens & Asset Seizures – The state can seize bank accounts, property, and other assets.
✔ Contempt of Court – A parent who repeatedly refuses to pay can face fines, penalties, or even jail time.
The failure to pay child support is a serious offense, and willful non-payment of $5,000 or more can even be a federal crime.
Common Child Support Challenges & How We Can Help
At Mindin & Mindin, P.C., we help parents resolve disputes, negotiate fair agreements, and enforce child support orders. Common issues we handle include:
🔹 High-Income Child Support Cases – When income exceeds the statutory cap, we advocate for fair and reasonable payments.
🔹 Hidden Income or Underreported Earnings – If a parent is hiding assets or income to reduce support payments, we conduct a thorough investigation.
🔹 Parental Relocation & Custody Changes – If a parent moves or custody arrangements shift, we petition for child support adjustments.
🔹 Non-Payment & Arrears – If your co-parent refuses to pay, we take aggressive enforcement actions to collect past-due support.
💡 Looking for a knowledgeable New York child support attorney? Call 888.501.3292 today!
How to Get the Child Support You Deserve
📞 Step 1: Call for a Free Consultation – We’ll assess your case and explain your rights.
📑 Step 2: File a Petition – If necessary, we’ll submit a request to the court to establish, modify, or enforce child support.
⚖ Step 3: Court Proceedings & Negotiation – We’ll advocate for a fair resolution based on your child’s needs and financial circumstances.
✅ Step 4: Secure a Court Order – Child support payments are legally enforceable once established.
Every child deserves financial stability. Let our experienced attorneys fight for what’s right for you and your family.