New York State Child Support Laws for Non Custodial Parent: Navigating the System

Understanding Child Support in New York

What is Child Support?

Child support is the money one parent pays the other to raise their kids in New York. It is typically given and used for food, housing, clothing, and other expenses like healthcare, education, and extracurricular activities for the child. The parent getting child support is usually the residential parent, but it can vary.

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Who is it for?

Child support in New York is for any child under 21 who is not married and has not been emancipated from their parents. This includes children with special needs who may need additional support to pay for their care. Whether it is for basic needs or specialized care, child support makes sure all kids get the support they need to succeed.

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New York Child Support

How is it calculated?

In New York, child support is governed by the Child Support Standards Act, which puts the best interests of the children first. A major factor in calculating support is the parents’ gross income, which includes all income. The court uses the Child Support Standards Chart to calculate an approximate annual child support obligation. The goal is for the non-custodial parent to pay child support that reflects a respectable amount based on their income and the particular needs of the children.

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Basic Child Support under the Child Support Standards Act

The basic child support obligation is calculated by adding the parental income (minus certain deductions) and multiplying it by a percentage based on the number of children. Income can include wages, salary, unemployment benefits, workers' comp, disability benefits, and more. The court may also consider a parent’s income potential or other income not reported on tax returns. As mentioned, the basic support covers food, shelter, clothing, and other general expenses, as well as mandatory add-on expenses like healthcare and childcare.

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How to Get Child Support

How Do You Start the Process to Get Child Support?

The process to start a child support case begins by filing a child support petition in the state where the kids live. The court will review financial documents, including tax returns and pay stubs, to determine the parents’ gross income. Both parents must provide financial disclosure, attend court hearings, and present evidence of their income and the kids’ expenses. While the case is pending, the court may issue temporary support orders and will finalize the order once the case is settled.

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Child Support Enforcement and Modification

How does New York enforce child support?

New York has several ways to enforce an existing child support order, including income withholding, intercepting tax refunds, and suspending driver’s or professional licenses. Not paying support can have serious legal and financial consequences. In addition to court enforcement, delinquent parents can accumulate interest on past-due payments, have wages garnished, or have assets seized.

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Modifying Child Support

What can change child support? Child support orders can be modified under certain circumstances, such as a significant change in either parent’s income or the child's needs. Medical insurance premiums are part of the unreimbursed medical expenses associated with the childrens’ healthcare, which should be included in child support calculations. For example, if a parent experiences a big income change, loses their job involuntarily, or incurs significant expenses, they may petition the court for a modification.

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Special Circumstances

What if the Custody Arrangement Changes?

Changes in the custody arrangement – such as a parent moving or the kids living with the residential custodial parent more – can affect child support. In these situations, either parent can petition the court for a modification to reflect the new circumstances.

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High Income Earners and Special Needs Kids

For high-income earners above the threshold in the Child Support Standards Act, child support can be more complex. Courts may deviate from the guidelines and consider additional factors such as accustomed standard of living, extraordinary expenses, and the financial resources of both parents. Child support for special needs kids may involve additional considerations, including medical expenses, educational expenses, therapy, adaptive equipment, and specialized education.

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Non-Court Child Support

Are there non-court child support options?

Yes, parents can negotiate support outside of their child support case through mediation or collaborative law. These alternative dispute resolution (ADR) methods allow parents to work with trained professionals to create a mutually acceptable support arrangement. While parents can agree to a different child support amount in writing, the court can override this agreement if the court determines the child’s needs are not being met financially.

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Child Support Services

Child Support Services (CSS) is responsible for making sure kids get the financial support they need from their parents. CSS helps with establishing paternity, finding non-custodial parents, and enforcing child support orders. By providing these services, CSS helps to simplify the process and make sure support is being paid.

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How can Child Support Services help?

Child Support Services can help custodial parents establish paternity, find non-custodial parents, and enforce child support orders. CSS can also help with modifying existing child support orders, collecting child support payments, and distributing child support to custodial parents. CSS can also provide information and resources to non-custodial parents so they can understand their child support obligations and pay on time. This all means both custodial and non-custodial parents have the tools they need to do their part.

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The Child Support Standards Act

The Child Support Standards Act (CSSA) is the law that governs child support in New York. The CSSA sets the guidelines for child support, including the basic child support obligation, mandatory add-ons, and combined parental income. By setting these standards, the CSSA ensures child support is fair and consistent and reflects the financial ability of both parents and the needs of the child.

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Additional Help & Consulting an Attorney

Where can I get child support help?

Parents looking for child support help can turn to legal aid organizations, family law attorneys, and state support enforcement agencies. These resources will guide you through the child support process, from filing the petition to enforcing the support order. The New York State Office of Temporary and Disability Assistance Division of Child Support Services (OTDA DCSS) offers support services, including establishing paternity, finding non-custodial parents, and enforcing child support orders.

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Is a child support lawyer worth it?

Having a lawyer can be very helpful, as they bring expertise to your case and can answer all your questions. Legal representation helps you prepare your case and can help you determine if your case is trial-worthy. A knowledgeable lawyer can make sure your rights are protected and you are getting or paying fair child support.

Here at Hannon De Palma, LLC, we believe in focusing on what truly matters -- protecting your rights, using our expertise to create successful outcomes for the entire family, and focusing on creating a future where everyone can thrive. Practicing across Westchester County, Manhattan, Long Island, and Boston, the Hannon De Palma team has decades of experience representing clients in custody and divorce cases.

Call our office at (914) 444-1900 or fill out a simple, free online consultation form to begin your next chapter.