Last Updated on: 24th June 2025, 08:14 pm

Manhattan Child Support Lawyers: Your Complete Guide to New York Child Support Laws and Calculations

Understanding Child Support Formula Calculations in New York State

In New York, child support is based on a formula. That means you should be able to arrive at the same child support amount no matter where you’re located in the State of New York. When you’re a parent, you want the amount of your child support payment to be accurate. Whether you’re paying child support or receiving it, you want to make sure that the amount is the correct amount according to New York law. An experienced team of Manhattan child support lawyers can help you make sure that your child support award is accurate.

What goes into a child support determination in New York

Child support in New York is based on a parent’s income. The law says that parents should pay a percentage of their income for their children’s support. For one child, the amount is 17 percent of each parent’s income. The amount increases with each additional child. The highest amount is 35 percent of income for five or more children.

Allowable Deductions from Income

There are a few deductions that apply. Parents can deduct for New York City taxes. They can also deduct for Medicaid payments and FICA tax. If a parent pays child support for another child or court-ordered spousal support, that’s deductible too.

Additions to a basic support award

In addition to the basic award of child support, your Manhattan child support lawyers can also help you understand what additional factors can change a child support amount. The court must order an amount for the children’s health insurance costs. This is called cash medical support. To determine how the health insurance amounts factor into support, the court determines the total cost of the insurance to the parents. Then, the court determines the proportional share of each parent based on income.

If the paying parent provides the health insurance, they take a deduction on the child support amount. If the parent who receives support provides the health insurance, the parent who pays support should pay an additional amount in order to cover their share of the health insurance costs. The court has the option to order either parent to maintain health insurance as part of the child support order.

Additional Support Considerations

The court also considers child care expenses. If a parent has child care needs because of work or school, the court can order an extra amount in order to cover the other parent’s share of these costs. The court can also adjust the child support amount if a child has extraordinary educational expenses.

High income and low income cases

If you have a high income or even if the other parent has a high income, there may be some special considerations in your child support case. At amounts above $143,000 per year, the court has the option not to apply a flat percentage of the parent’s income. In that case, it’s up to the parents to argue to the court as to why a certain amount is the most appropriate for the children. In this case, it’s critical to work with your Manhattan child support lawyers in order to document the children’s needs in order to prove the best interests of the children for child support.

When parents have very low income, there are exceptions in the child support formula. In that case, the court may set a low, fixed amount. Child support may be $25 or $50 per month in low income cases depending on the income of the paying parent.

How can a Manhattan child support lawyer help?

If you have a child support case, experienced Manhattan child support lawyers can help you make sure that the court gets it right considering all of the circumstances in the case. There may be some questions about the income of the other parent. If the other parent is dishonest with the court about their income, your attorney can help you conduct an investigation and prove the parent’s true income. You might work to gather bank account records, information from an employer or even evidence of a parent’s lifestyle.

What happens when a parent is voluntarily underemployed?

There may also be a situation where a parent doesn’t earn all of the income that they can. A parent may take a low paying job in an effort to avoid fair child support payments. In that event, you can work with your attorneys to gather the evidence to argue that the court should calculate child support as though a parent is earning income that they could earn if they worked to their full potential.

Additional children who are not a part of the order

If there’s a reason that the court shouldn’t follow the child support formula exactly as it’s written, it’s up to you to show the court. If you have additional children that you do not pay child support for, you can argue to the court that the child support award in the case is inappropriate because it does not allow you to fairly provide for the needs of additional children that you’re responsible for. In that case, the income of your new spouse may be relevant.

Working for justice

The court needs to have the evidence in your case in order to make the right decision. Your Manhattan child support lawyers can help you present this evidence to the court. They can help you understand how child support laws apply in your case and how you can gather the evidence to help the court reach the right result in your case.

Filing for Child Support in Manhattan

Parents who are raising children alone in Manhattan can file a motion to obtain child support from the absent parent. If the child lives with a parent more than half the time, then that parent is considered to be the custodial one while the other parent is considered to be absent. This is true even if the parent who doesn’t live with the child has regular visitation. In most situations for parents who live in Manhattan, the parent who makes more money is the one who will pay child support. In simple terms, child support is a monetary payment made to the state that is then given to the designated parent. A guardian of the child, such as a family member or foster parent, can also receive support to help raise the child.

How Is Child Support Handled Legally?

Most child support cases are dealt with in a family court. A judge is present as well as an attorney for one or both parents according to the New York City Bar. At times, a hearing examiner will listen to the case and make a decision instead of a judge. Cases that involve children living on public assistance take place in a family court located in Manhattan. Once all of the evidence is heard by the judge or examiner and the proper calculations have been made, then a decision will be given as to who pays child support and who receives the support payment. A child support hearing that is the result of a divorce might be handled in Supreme Court.

Who Is Responsible?

Many parents believe that no contact with the child means that they aren’t obligated to pay child support. Even if a parent does not talk to or see the child, support is still an obligation. The custodial parent has every right to file a motion with the help of an attorney according to the New York State DCSE. Parents who aren’t working, those who are in jail and those who are disabled are obligated to pay support. In situations where the absent parent is incarcerated or can prove a minimal income, then the support payment is adjusted to a state minimum. At times, the custodial parent might need to prove that the absent parent is the biological parent of the child. The absent parent can request this proof.

The Income Shares Model for Child Support Calculation

In New York, the income shares model is used to calculate child support awards. This model works on the basis of the idea that a child should get the same proportion of parental income that they would have received if the parents had remained together. Therefore, the guidelines use both parents’ incomes in the calculation and the percentages remain the same irrespective of the parents’ level of income.

The Formula for Child Support

Guidelines in Manhattan for Child Support consist of fixed percentages of gross income. They vary only by the number of children. They are as follows:

• 17% of the combined parental income if there is 1 child;
• 25% of the combined parental income when there are 2 children;
• 29% of the combined parental income when there are 3 children;
• 31% of the combined parental income when there are 4 children; and
• No less than 35% of the combined parental income if there are 5 children.

Child Support and Step-Parents

In the event that the absent parent is a step-parent, then support is only ordered if the amount would help to prevent the child from receiving any kind of public assistance. Once the marriage is dissolved, then the step-parent typically doesn’t have any financial responsibility for the child. An Order of Filiation can be filed by either parent and establishes the legal biological relationship to a child as there are some issues where one person is listed on the birth certificate and another person is the biological parent. If the father of a child signed an Acknowledgment of Paternity when the child was born, then the order isn’t required. Even if the parent signed the birth certificate, there is no legal claim unless the acknowledgment is signed or the order proves that the child is indeed the absent parent’s. If the parent, which is the father in most cases, objects to the results of the order, then a DNA test is typically ordered to prove paternity.

After The Hearing

When all of the paperwork is processed and a designated amount has been established, then there will be a review of how the custodial parent wants to receive the payments and when the payments will be made. Most of the time, payments are ordered to be made so that they follow the pay schedule of the absent payor. A custodial parent who has a child on PA usually has to sign over rights to get child support in order to get the public assistance.

Changes and Modifications of Child Support Orders

There is a presumption that the correct amount of support has been awarded in any hearing for child support in the state of New York. You would be able to overcome this presumption if you need to by a written finding that the support (as determined by the guidelines) is inappropriate or unjust under the circumstances. You have a right to request a change in the order before it’s in place. The courts will decide whether to reduce or increase the amount payable.

After a child support order is in place, you are permitted to file for a modification based on any major changes in circumstances. Some common situations include losing your job or relocation. In addition, the legislation requires an automatic review for cost of living adjustments every 2 years.

What Happens If The Payment Isn’t Made?

Unfortunately, some absent parents who are required to pay child support will let their payments get as far behind as they can before being issued a warning. Manhattan normally stays on top of late payments and sends out a warning before taking the payor to court. If the payor continues to avoid sending in support payments, then the payment can be automatically taken from a payroll or government check. If this option doesn’t work, then the payor would likely go to jail.

An attorney can assist by filing child support documents so that payments can be received. An attorney can also provide assistance with enforcement when child support payments are not made in a timely manner.

Navigating Complex Child Support Issues During Divorce

When couples divorce and children are involved, it makes a tough situation even tougher. This is especially true when it comes to the issue of child support, which inevitably will have both spouses disagreeing as to how much money will be needed to support the children. Because this is a topic that will always have emotions running high, it’s extremely important to enlist the services of Manhattan child support attorneys who have many years of experience handling difficult cases such as these. In doing so, you’ll find yourself having a knowledgeable legal professional who can negotiate terms for you that will be fair and equitable, allowing both you and your child to maintain a reasonable standard of living.

Calculating Child Support

Because child support payments are such a delicate issue in most divorce proceedings, calculating these payments must be done following strict guidelines. Fortunately, New York State has guidelines in place that make this process much easier for divorcing couples. Some of the criteria used to calculate child support payments include the income of each parent, how many children will need to be supported by the custodial parent, any medical needs of the children that require treatment or medications, and if there are healthcare costs for the children that may not be covered by insurance. While these details can be worked out in court hearings, it’s often best if both parents, along with their attorneys, can sit down and negotiate child support payment agreements before heading to court. By doing so, they can often have more flexibility regarding the terms of the agreement, making it more likely the non-custodial spouse will be better able to make their payments on a regular basis.

Failing to Pay Child Support

Even though a non-custodial parent may be ordered by a court to pay child support each month, that may not happen for a variety of reasons. Whether that involves losing a job and not having the money to make the payments, or simply choosing to not make the payments because they feel as if the payment amount is excessive, the fact remains that the court expects the payments to be made on a regular basis. When this doesn’t happen, the non-custodial parent can be held in contempt of court, regardless of the reasons why the payments have not been made. While only missing one or two payments may result only in a warning from the court, multiple missed payments that accumulate into thousands of dollars can lead to possible jail time. To ensure child support makes its way to the child who needs it, courts have the authority to use a non-custodial parent’s tax refunds, gambling winnings, public assistance income, and other income sources to ensure payments are made. In some cases, the court may modify the child support agreement to make it easier for the non-custodial parent to make payments. However, in all situations, back support will still need to be paid.

Terminating a Child Support Order

In some instances, a parent will want to have a child support order terminated. However, many parents make the mistake of thinking these orders terminate on their own when the child reaches age 21, which is the maximum age in which a parent is legally required to provide financial support to a child. But since these orders do not automatically terminate, a parent must work through their attorney to ask the court to terminate the order. This is usually done based on a previous agreement the parents have with one another, and in most cases is granted by the court.

How an Attorney Can Help

If you are not receiving child support payments that have been ordered by a court, it’s crucial to hire a skilled child support attorney as soon as possible. Unfortunately, many custodial parents try to go this route alone, and that is a huge mistake. Because there are multiple methods attorneys and courts can use to force child support payments to be made, it’s imperative to let legal professionals handle these matters. Whether it’s issuing a summons for the non-custodial parent to appear in court to explain why payments are not being made, or choosing to confiscate tax refunds and other income sources to help make the payments, an experienced child support attorney can be the difference between getting the money you and your child deserve or going without food or medical care.

Understanding Your Rights in Child Support Cases

In divorces and custody battles, one big thing that often comes up is child support. If you are currently involved in a legal matter regarding your child or children, you could be wondering what your rights are in regards to child support. Fortunately, this is something that an attorney from our experienced team of family law lawyers can assist you with.

Child Support

The general definition is child support is an ongoing payment that is made in order to pay for the financial support of a person’s children. Both men and women are expected to pay child support, despite the myth that this is something that is only a man’s responsibility. In general, if you are the person who has custody of the child, you should be the one receiving child support payments. If you are a parent who does not have custody of your children, then you should be making child support payments to the custodial parent. Of course, every situation is different, so if you want to ensure that your child support case is being handled the right way, you’ll probably want to meet with a lawyer who can guide you through the system and help you ensure that your rights are being respected.

Child Support Laws in New York

In New York State, children are entitled to be supported by their parents until the age of 21, unless they’re married, self-supporting, in the military, or otherwise legally emancipated. Child support can be paid in several different ways. Not only are non-custodial parents generally expected to make cash payments to help provide support for their children, but they may also be required to provide health insurance, payments to help cover the cost of child care and payments to help cover medical-related expenses. The family court will determine how much child support and what types of child support you will be expected to pay. Since circumstances can and often do change throughout the course of a child’s childhood, you may have to return to court at some point or another so that adjustments can be made to the child support order.

How an Attorney Can Help You

If you are the custodial parent of your child and if you have not been receiving child support, then you might have found that providing ample support for your child is difficult or impossible. This may also be the case if you are receiving child support payments but if you do not feel that they are sufficient. Luckily for you, the law is on your side. However, it can be challenging to handle matters of child support on your own, particularly if you do not have any experience with the legal system and matters of family law. Fortunately, one of our attorneys can work with you to help you get the child support that you are entitled to.

Rights of Non-Custodial Parents

On the flip side, if you are a non-custodial parent, you should know that you have rights as well. Even though the law states that you are required to pay child support to help provide financial support for your children, you should only be required to pay a reasonable amount. If you have been having trouble making your child support payments and are facing legal issues because of it, we can help. We can also help you if you feel that your child support payments are too high.

Getting Legal Assistance

In either situation, you can call us to set up a consultation. Someone from our experienced legal team will sit down to talk to you about your situation. Then, we can help you ensure that your family law court case is being handled in a fair and just way. Along with helping with child support, one of our experienced attorneys can help with other matters related to your children as well, such as child custody. We also help individuals with divorces, alimony cases and other cases related to family law.

Enforcing Child Support Orders

You may have primary custody of your children, but you are not the only one responsible for providing for them. New York State law stipulates that both parents are responsible for supporting their children until they reach 21 years of age. That means ensuring that they do not go wanting for anything; it means expending a significant portion of your net wealth on them.

The non-custodial parent must pay child support. These payments are determined according to their income. If their income increases over the time, then they must report this increase and contribute more money accordingly. Some parents do not follow the law in this regard. They the money they are sending sufficient and rest content that they are being fair to their children.

Taking Action Against Non-Payment

This should not be allowed to stand. If you know that your ex is holding out on his own kids, then you must act decisively. Your first call should be to a child support lawyer. Lawyers specialized in this area of law will know how to proceed legally to get the child support order enforced.

Many non-custodial parents are suspicious of where the money they are providing actually goes. And they will use that as a pretext not to send any more than they do—even though they can afford to, and they are supposed to anyway according to New York State law. You may have had a number of arguments with your ex about this very matter. But you cannot allow yourself to be bullied and deterred from doing what is right for your children.

Investigating Hidden Income

If the fortunes of the non-custodial parent have increased substantially over a short period of time, then their children are entitled to see the benefit of that boon. The difficulty lies in getting proof that they actually are making more money than they were previously. Because the two of you no longer live together all you have to rely on are rumors. But that is a good enough place to begin. If your children have told you things that hint at a more luxuriant and comfortable lifestyle for your former spouse, then you should hire a lawyer and let them investigate the matter further.

Using Professional Resources

A child support lawyer will be able to employ investigators and accountants to look closely at the finances of your ex-spouse. They will be able to gather enough information to prove that your ex is not paying what they should to your children. Once you have the facts in hand, you will be able to go to the judge and get the child support order enforced.

Non-Financial Support Obligations

You should also remember that non-financial support must also be supplied by your ex. Any benefits that they enjoy such as health care or other insurance should be accessible by their children. All of their assets and resources must be used to support their children in a way that is commensurate with the former’s value. Your children should not be denied any opportunity because they were not given the proper material support by one of their parents.

Moving Forward with Legal Action

It is not pleasant to go into the courts and get such things enforced, but you must do it on behalf of your kids. You don’t want any more tension and anger brought into the relationship between you and your ex, but that may be necessary if you are to get what you need from them to raise their children. Hiring a child support lawyer is a necessary first step to make this happen.