Frequently Asked Questions: Child Support

Frequently Asked Questions: Child Support

Do you have questions about child support? Below are some of the most commonly asked questions about child support in New York.

How is child support determined?

New York’s Child Support Standards Act (CSSA) is a formula used to equitably calculate a base amount of child support. The greater number of children, the greater the percentage of combined marital income must go to child support.

  • One child- 17%
  • Two children- 25%
  • Three children- 29%
  • Four children- 31%
  • Five or more children- no less than 35%

In addition to this formula, the court will also consider:

  • The financial resources of each parent
  • The financial resources of the child
  • The child’s physical and emotional health
  • The standard of living enjoyed by the child before the divorce
  • The tax consequences of each parent
  • The non-monetary contributions of each parent regarding the care of the child
  • The educational needs of either parent
  • The disparity of the parent’s gross income
  • The needs of children outside of the marriage

When can I stop paying child support?

In the state of New York, the age of emancipation is generally 21 years old. But, the court may make certain exceptions and either extend the payments or terminate them early depending on the situation. If a child needs further support after turning 21, support payments may still be required for a period of time. On the other hand, if a child turns 18 years old and the parent can prove to the court they are financially independent, the payments can end early. When the court approves of emancipation, child support payments may end.

Can the amount for payments change over time?

It is possible to modify child support payments, but this cannot be done without the permission of a New York court. In order to modify child support, you will have to prove that a big, unexpected change has occurred. This may include the loss of a job, or another major life change.

What if my child’s parent is not providing the child support he or she is required to pay by law? 

If your child’s parent is not providing the required child support, you should contact a family law attorney. If this occurs, your child’s parent can be ordered by the court to pay the child support you are owed.

If you have any other questions or concerns regarding child support, contact our firm today.

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