Child Support Laws in New York, Information, Facts and Questions
What is child support?
Child support is money that one parent gives the other parent after a divorce to help raise their child.
Who has to pay child support?
Typically, the parent that has less time with the child or the non-custodial parent is the parent that pays child support.
What if I have my child 50% of the time?
Even though you may have your child 50%, it still depends on the amount of income that you make in a year. If you make 1% more then there is a chance that you will have to pay child support.
How much will I have to pay?
The payment of child support is based on a sliding scale. The sliding scale is a calculation based on both parents’ income per year and the number of children that they have together. Example:
- 17% of combined income for one child
- 25% of combined income for two children
- 29% of combined income for three children
- 31% of combined income for four children
- and no less that 35 % for five or more children
How long do I have to pay child support?
Most of the time child support must be paid up until the child is 21 years old.
What if I do not have a job or lose a job?
If you do not have a job you still have to pay because you may still have an income. If you receive disability, unemployment, social security, veterans or retirement benefits then a court will use those amounts to calculate your child support payments.
If you lose your job, it is important to know that in New York, arrears cannot be changed prior to the filing of a modification petition. This means that if you lose your job you will still be responsible for the ordered child support and the courts will not be able to help reduce the payments owed prior to filing the modification.
What if I start making less money?
If you begin to make less money you can ask the court to reduce your child support payments by filing a motion for modification. However, it must be filed with the same court that ordered payment and only the court can change what your child support payment. It is very important to know that in New York, arrears cannot be changed prior to the filing of a modification petition. This means that if you start making less money you will still be responsible for the ordered child support.
What if the parent does not pay?
A non-payment of child support can result in the filing of a “violation petition”. The petition may ask the court to take legal action against that party. A hearing is held to decide if the party is in violation and enforce payment. There are many ways in which a court will enforce the order of child support, a few examples are:
- Take payments directly from the party’s pay check
- Ordering a lump payment to reduce the money owed
- Suspending the party’s driver’s licenses
- Suspending the party’s professional licenses
- Suspending the party’s business licenses
- Jail time, up to 6 months
Long Island NY Child Support Attorneys
Drossman & Associates specialize in Divorce, Family Law, Guardianship and Criminal and Civil litigation. Since 2005, Jennifer Drossman has built the reputation of having a successful boutique law firm. The law firm of Drossman & Associates is small enough to focus solely on the clients’ needs and large enough to give top notch legal advice. Our attorneys effectively represent our clients because we have a wide range of resources, investigators and expert witnesses at our disposal. Our firm has over 10 years of experience handling all types of family law matters including alimony, separations, divorces, child support, child custody & visitation. Complete the evaluation form or call the office at 1-516-708-1970 and speak with a specialized NY child support attorney. Your information is confidential.