New York parents going through a divorce often have the same questions: how child support is determined, what expenses it covers, and how long the obligation lasts. New York’s child support system is structured by statute, and courts generally apply the Child Support Standards Act (CSSA) to set a baseline support amount based on the parents’ combined income and the number of children involved. Support generally continues until a child turns 21, unless the child is legally emancipated earlier through marriage, military service, or self-support.
At the Law Office of Richard Roman Shum, Esq., Manhattan child support lawyer Richard Roman Shum helps parents understand their financial obligations and protect their children’s best interests. Our experienced NYC divorce attorney guides clients through CSSA calculations, modification petitions, and enforcement actions throughout Manhattan and New York. Richard Roman Shum represents parents in New York City family courts and provides clear guidance on complicatedsupport issues.
This guide explains how child support is calculated under the CSSA, what additional expenses may be required, when support obligations end, and how to modify existing orders. You will also learn about enforcement options when a parent refuses to pay and how to establish fair agreements outside the standard guidelines. Call the Law Office of Richard Roman Shum, Esq. at (646) 259-3416 to discuss your child support case.
What Are the Child Support Rules in New York?
New York calculates child support using the Child Support Standards Act (CSSA). The court determines combined parental income, applies the statutory percentage (based on the number of children) to compute the basic child support obligation, and then prorates that obligation between the parents according to each parent’s share of the combined income; the non-custodial parent generally pays their pro-rata share to the custodial parent.
The percentages are 17% for one child, 25% for two children, 29% for three children, 31% for four children, and at least 35% for five or more children. The CSSA applies the percentage formula to combined parental income up to the statutory “cap” amount set in the annually updated Child Support Standards Chart (the cap is $183,000 until March 1, 2026). For combined parental income above that cap, the court determines additional support by considering statutory factors and/or applying the child support percentage.
Courts can also order the non-custodial parent to contribute to healthcare costs, educational expenses, and child care. These payments are separate from the basic child support obligation and are typically divided between parents based on their income proportions.
When Does Child Support End in New York?
Child support in New York continues until the child reaches age 21. This obligation can end earlier if the child becomes emancipated.
Emancipation occurs when a child under 21 gets married, joins the military, or becomes self-supporting before turning 21. A child between the ages of 17 and 21 who moves out of the custodial parent’s home and refuses to obey reasonable parental commands may also be considered emancipated. Courts evaluate these situations based on the child’s level of independence and financial self-sufficiency.
Parents remain legally responsible for supporting their children unless one of these emancipation conditions is met. The obligation does not automatically end when a child turns 18, as it does in many other states.
What Extra Costs Does Child Support Cover in New York?
Basic child support covers food, clothing, and shelter. New York courts can require additional payments for specific expenses that support the child’s well-being and development.
Health Insurance and Medical Expenses
The non-custodial parent may be required to maintain health insurance coverage for the child. Courts often order parents to share unreimbursed medical costs such as co-pays, prescription medications, and specialist visits. The division of these expenses is typically based on each parent’s proportional share of the combined income.
Child Care and Education Costs
Child care expenses for daycare or after-school programs are usually divided between parents according to their income ratios. Educational costs can include private school tuition, tutoring services, school supplies, uniforms, and related fees. Courts consider the child’s standard of living before the separation when determining whether to order these payments.
Extracurricular Activities
Courts may require parents to contribute to costs for sports teams, music lessons, art classes, or school clubs. These expenses are evaluated case by case based on the child’s interests and the family’s financial circumstances.
Child Support Attorney in Manhattan – Law Office of Richard Roman Shum, Esq.
Richard Shum, Esq.
Richard Roman Shum is a lifelong New Yorker and resident of the Lower East Side in Manhattan. He has dedicated his career to helping New York families navigate family law matters with a clear, pragmatic approach. As a father, he understands the importance of protecting children’s best interests while advocating for fair financial arrangements.
Richard Roman Shum provides representation and counsel for families throughout Manhattan’s diverse neighborhoods. His focused and detail-oriented approach helps clients resolve child support disputes, modification requests, and enforcement actions efficiently. Parents value his calm, professional demeanor and comprehensive strategies for achieving beneficial outcomes.
How Is Child Support Calculated Under the CSSA Formula?
The Child Support Standards Act uses a formula that assigns each parent a percentage share of the combined household income. This percentage determines how much each parent contributes to supporting the children.
Under the CSSA, income starts with gross income as should have been reported on the most recent federal income tax return, plus certain additions, including, for example:
- Workers’ compensation
- Disability
- Unemployment
- Social Security
- Veterans benefits
- Pensions/retirement
- Fellowships/stipends
- Annuities, and
- Certain maintenance/alimony.
The court may also impute income from other available resources, including money, goods, or services provided by relatives and friends, or where a parent has reduced income to avoid support. The statute also specifies deductions before applying the formula, including (among others) FICA taxes actually paid, NYC/Yonkers income taxes actually paid, child support actually paid for other children not in the case, certain maintenance/alimony actually paid, and public assistance/SSI.
After calculating the combined income and applying allowable deductions, the court multiplies the result by the applicable percentage. For one child, the percentage is 17%. For two children, it is 25%. For three children, it is 29%. For four children, it is 31%. For five or more children, the percentage is at least 35%.
For parents with combined income exceeding $183,000 under the current chart, the court determines the amount of child support on income above that cap by considering the statutory factors and/or applying the child support percentage.
| Number of Children | Percentage of Combined Income |
|---|---|
| 1 child | 17% |
| 2 children | 25% |
| 3 children | 29% |
| 4 children | 31% |
| 5 or more children | At least 35% |
Can Parents Agree to Different Child Support Amounts?
Parents cannot completely waive child support in New York because children have the right to benefit from both parents’ income. However, parents can reach agreements that deviate from the CSSA guidelines if specific requirements are met.
For an agreement to be valid, both parents must knowingly and voluntarily consent to the arrangement. The agreement must acknowledge the CSSA guidelines and include a statement that a support order based on the guidelines would normally be appropriate. If the agreed amount differs from what the CSSA formula would produce, the agreement must state what the CSSA amount would have been and explain the reasons for the deviation.
If the agreement does not meet these requirements, the court will establish child support based on the standard CSSA calculation. Parents should work with legal counsel to ensure their agreement is properly documented and enforceable.
Key Takeaway: Parents can agree to child support amounts that differ from CSSA guidelines if both consent knowingly, the agreement acknowledges the standard guidelines, states what the CSSA amount would be, and explains the reason for any deviation. Agreements that fail to meet these requirements result in standard CSSA calculations.
The Law Office of Richard Roman Shum, Esq. can help draft a valid child support agreement that protects your child’s interests and complies with New York requirements.
What Are Valid Reasons for Modifying a Child Support Order?
A substantial change in circumstances allows either parent to petition for modification of a child support order. Valid reasons include job loss, significant income changes, or changes in custody arrangements.
New York law permits modification if three years have passed since the last order was entered or if either parent’s income has changed by 15% or more since the last calculation. A parent who loses employment, experiences a substantial pay reduction, or receives a significant raise may qualify for modification.
Changes in the child’s needs can also support modification. If medical expenses increase, educational costs change, or the child develops new needs requiring additional support, courts may adjust the order accordingly.
Either parent must file a modification petition with the court. The petition should include a statement explaining the changed circumstances and the proposed new support amount. Both parents receive notice and have the right to a hearing before the court makes a decision.
Child support amounts may also change through a Cost of Living Adjustment (COLA) process. Every two years, the Child Support Program automatically reviews child support orders to determine whether a COLA increase should apply, and the Support Collection Unit provides notice and a process to object. The COLA review process is separate from a court petition to modify based on “substantial change in circumstances” or the 3-year/15%-income-change rules.
What Happens When a Parent Refuses to Pay Child Support?
When a parent fails to pay court-ordered child support, New York provides several enforcement mechanisms to collect past-due amounts and compel future compliance.
Income Execution and Wage Garnishment
The Child Support Enforcement Unit can issue an income execution order that directs the non-paying parent’s employer to withhold child support directly from wages. This ensures payments are made automatically before the parent receives their paycheck.
Seizure of Benefits and Tax Refunds
The enforcement unit can intercept unemployment insurance benefits, workers’ compensation payments, and federal or state tax refunds to satisfy unpaid child support. These funds are redirected to the custodial parent to cover arrears.
Bank Account Levies
In cases of substantial unpaid support, the enforcement unit can seize funds directly from the non-paying parent’s bank accounts. This remedy is typically used when other collection methods have failed.
License Suspension and Incarceration
Parents who persistently refuse to pay may lose their driver’s license, professional licenses, or recreational licenses, such as hunting or fishing permits. In extreme cases, a parent can be held in contempt of court and sentenced to jail for willfully disobeying a support order.
Key Takeaway: New York enforces child support through wage garnishment, seizure of unemployment benefits and tax refunds, bank account levies, license suspension, and jail time for willful non-payment. These tools ensure children receive the financial support they are entitled to under court orders.
Contact the Law Office of Richard Roman Shum, Esq. if your child’s other parent is not paying court-ordered support and you need enforcement assistance.
What If Your Ex Is Under-Reporting Income?
If you suspect the other parent is earning more than they report, New York courts have the authority to investigate and impute income to that parent.
Income imputation is used when a parent appears to be unemployed or underemployed, deliberately to avoid paying child support. Courts examine the parents’ work history, education, skills, and available job opportunities in the area to determine their earning capacity.
If the court finds that a parent is capable of earning more than they currently report, it can base the child support calculation on the income they could be earning rather than what they claim to earn. This prevents parents from avoiding their obligations by deliberately remaining underemployed.
Evidence supporting income imputation can include the parent’s prior salary, educational credentials, professional licenses, and the availability of suitable employment in their field. Courts also consider whether the parent has a pattern of changing jobs or reducing hours shortly before or after child support proceedings.
Get Help from a Manhattan Child Support Attorney
Child support matters affect your child’s well-being and your financial future. Whether you are seeking to establish support, modify an existing order, or enforce payment, you need accurate calculations and strong legal representation.
Richard Roman Shum has helped parents throughout Manhattan navigate child support cases in New York Family Court. At the Law Office of Richard Roman Shum, Esq., our child support lawyers handle CSSA calculations, modification petitions, enforcement actions, and opt-out agreements. We represent clients at the Manhattan Family Court and work with the Support Collection Unit to resolve payment disputes and ensure children receive the financial support they deserve.Callthe Law Office of Richard Roman Shum, Esq. at (646) 259-3416 for a consultation. Our office serves families throughout Manhattan, the Lower East Side, and New York City. We will review your case, explain your rights and obligations, and develop a strategy to protect your child’s best interests.
from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/new-york-child-support-what-every-divorcing-parent-needs-to-know/
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