New York Child Support Lawyer

Your Guide to Child Support: A Simple Overview

Hello! If you’re dealing with child support, this pamphlet is here to help. We’ll explain the basics in easy words, so you can understand what’s involved. Remember, every family’s situation is different, and this is just general info. For help with your case, talk to your family law expert—the Stepanian Law Firm.

What is Child Support?

Understanding Child Support

Child support is financial assistance that a non-custodial parent pays to the custodial parent to help cover the costs of raising a child. It ensures that children receive the same standard of living they would have if both parents lived together. It covers both basic living expenses (housing, groceries, clothing) and add-on expenses (extracurricular activities, sports, camp, etc.).

Who Pays Child Support?

Generally, the parent who does not have primary residential custody pays child support to the custodial parent. In situations where parents share equal custody, the parent with the higher income will usually be ordered to pay.

 Who Decides Child Support?

• Family Court or Supreme Court in New York determines child support orders.
• Amount is based on state guidelines, the parents’ income, the number of children and the needs of the children.

For How Long Do I Pay or Receive Child Support?

In New York City, child support must be paid until the child turns 21, unless the child becomes legally emancipated. A child may be deemed emancipated if they:

– Get married
– Enter the military
– Work full-time (not including summer jobs)
– Permanently leave the parental home

What Happens in Court?

Court can seem scary, but it’s straightforward. Both parents get to share their side.

• On your court date, bring all your papers.
• The judge looks at income, needs, and other details to decide on support.
• You might have a few hearings to sort things out.
• If things change later (like costs go up), the order can adjust every three of years or when there are substantial changes in circumstance.

Be on time, be polite, and bring proof of income and expenses.

 How is Child Support in NYC Calculated?

The Court applies the Child Support Standards Act (CSSA) formula, based on parental income and the number of children. Gross income is calculated from tax returns, wages, benefits, and other income sources. Deductions are then subtracted, and the remaining adjusted gross income is multiplied by guideline percentages.

Gross Income Factors Considered

– Wages and salaries from tax return
– Net investment income (income minus expenses)
– Deferred compensation
– Workers’ compensation, disability, unemployment, Social Security, veterans benefits
– Retirement and pension benefits
– Fellowships, stipends, fringe benefits, goods or services provided by others
– Non-recurring payments such as inheritances, lottery winnings, or insurance proceeds

Deductions from Gross Income

– Unreimbursed employee business expenses
– Alimony paid to another spouse
– Child support for children not covered by this case
– Public assistance
– Supplemental security income
– NYC or Yonkers taxes
– Social Security and Medicare taxes (FICA)

Child Support Guideline Percentages

– 17% of adjusted gross income for one child
– 25% for two children
– 29% for three children
– 31% for four children
– At least 35% for five or more children

 Enforcement of Child Support Orders

If the non-custodial parent does not pay, the Court has several enforcement tools, including:
– Garnishing wages
– Seizing tax refunds
– Suspending driver’s license
– Holding the parent in contempt of court

Changing the Support Order

Life changes, so can child support. If you can show to the Court that since the last child support order three years have passed or there has been a “substantial change in circumstance”, then the Court may modify your latest child support order.

• If job loss, higher costs, or other big changes happen, file to update the order.
• Both parents get notice, and the judge decides if support amount changes.

It’s okay to adjust as needed.

Tips for Handling Child Support

• Keep good records of payments and talks.
• Talk openly with the other parent if possible.
• Get help early if confused – free resources are out there.
• Focus on what’s best for the ki