Raising a child isn’t cheap and according to New York law, both parents are responsible for the financial support necessary for raising that child. This isn’t as straightforward as you might think though. There’s a lot to consider and the law has a few twists and turns that can trip you up if you don’t know what they are.

No matter what side of a child support agreement you are on, you need a lawyer. Here are some of the common issues that arise in these cases. It’s easy to see why you shouldn’t try to do this without legal representation.

Is child support mandatory in NY?

New York law required both parents to financially support their child and provide health insurance coverage until the child’s 21st birthday. If the parents split or divorce, the non-custodial parent is required to pay child support. If the child’s parents were not married, both parents are still required to support the child financially and provide health insurance. In cases where the parents were never married, if the non-custodial parent is unwilling to pay child support, then the custodial parent can take them to court and file to get a court order for them to pay the support.

What percentage does New York take for child support? 

There is a standard guideline that the court uses to calculate the amount that the non-custodial parent is to pay. This percentage is taken from the adjusted gross income of the non-custodial parent and is based on the number of children that are included in the child support order.

When determining the non-custodial parent’s adjusted gross income, the court deducts several expenses from the amount to arrive at the adjusted gross amount. Some of the deductions include Social Security, Medicare, and certain local taxes, among others. Once they have the adjusted gross income, the judge calculates the percentages for child support payments:

  • 1 Child – 17%
  • 2 Children – 25%
  • 3 Children – 29%
  • 4 Children – 31%
  • 5 or more children – A minimum of 35%

This is the basic amount for child support. The judge can set the amount higher if necessary.

What is the max child support in NY?

The amount of income for the non-custodial parent is capped at a fixed sum. Every two years this cap is increased in relation to the Consumer Price Index. The current income cap is $163,000 for child support calculations.

Do you still have to pay child support if you don’t have a job?

Most of the time, a parent’s lack of employment does not negate their responsibility to provide for their child, so they are still required to pay child support. In fact, it is quite rare for the court to release the parent from their child support obligation. There is a program operated by the New York Child Support Enforcement Bureau (CSEB) called Unemployment Insurance Benefits Intercept, or UIB Intercept. It is specifically for parents who have child support obligations and are unemployed.

This can also lower the parent’s child support obligation, but they must apply for it to receive it. However, if the parent is staying unemployed intentionally or if they are avoiding looking for a job so that they can pay less child support, there could be penalties that the court imposes on that parent. They may be required to pay a higher amount.

Is childcare included in child support in NY?

Child support money is intended to help the custodial parent pay for the things that the child needs. It covers general expenses like food, shelter, and basic needs, but it can also cover health care and childcare as well as any other expenses that are related to the child. If it is affordable, the non-custodial parent may also be ordered to provide health insurance for the child.

Do you have to pay child support if you have 50/50 custody in New York?

In just about any situation where a child’s parents do not live together, one parent will inevitably end up spending more time with the child. It is usually very difficult to split the time with the child evenly.

Often, one parent will be ordered to pay the other parent child support. This is true even if the couple has joint custody and share it 50-50. This is because there is usually a primary residence for the child so that they can have stability. The parent that the child lives with the most is providing more for the child in terms of housing, food, basic needs, and other expenses.  When that is the case, it is most certainly appropriate for the non-custodial parent to be ordered to pay child support.

Does parenting time affect child support in New York?

Visitation and child support are kept separate so that a parent who falls on hard times and misses a payment can still see their children. Most of the time, parenting time has no effect on child support. However, parents can make agreements that are outside of the court’s parameters for child support. Most of the time the New York Child Support Family court will honor the agreement and enforce it.

Does child support decrease if the father has another baby in New York?

Under New York Common Law, a child support order is for a specific child or children, and having a new child does not affect that. The parent’s number one duty is to take care of their children from their previous relationship. The decision to have more children is up to the parent, but they should be aware that choosing to have more children does not negate the obligation that they have to the prior children.

How long do you have to pay child support in New York?

Child support must be paid from the date that the court order states that it is to begin until the child’s 21st birthday, although that are some exceptions.

Why do you have to pay child support until the child reaches 21 in NY?

The parent pays child support until the child is 21 because the law presumes that a child cannot be or is not self-supporting when they are that young, so they still live at home with the custodial parent, or they are full-time students at a college. While the child is in college, they may not be able to have a job due to their college schedule. The child support will help offset some of the expenses that the Child incurs while still living with their parent.

Does a new spouse’s income affect the child support that the parent pays in NY?

Yes, most of the time the parent’s income plays a very large part. The child support guidelines that the state uses to determine child support are based on a percentage system that starts at 17% for one child and goes up to at least 35% for five or more children. The more a parent earns, the more they typically pay in child support. Often the judge will order more than New York’s child support scale. 

There are several reasons for this. The other parent may be taking care of an infant or they may have been out of the job market for several years and are looking for a job. They may be in school to obtain skills to get a job. There are many reasons why one parent may pay above scale for child support.

What happens if you don’t pay child support in New York?

Failure to pay court-ordered child support in New York has some serious penalties:

  • Reported to the credit bureau – Nonpayment of child support can be reported to the credit reporting bureaus by the CSEB. This can impact the parent’s credit score.
  • Liens – The CSEB can put a lien on various assets that the non-compliant parent owns such as real estate, equipment, or vehicles. They can also put a lien on certain settlements like personal injury claims
  • Garnishment of wages – The parent’s wages may be garnished to collect the child support arrearages.
  • Denial of passport – The CSEB has the authority to deny the issuance of a passport to any parent who is not in compliance with a child support order. This can prevent the parent from traveling outside of the US, even for work.
  • Property execution – The CSEB has the authority to seize property, bank accounts, and other financial assets to pay the arrearages on the parent’s child support arrearages.
  • Tax referrals – The CSEB can submit the information for the delinquent parent to the New York Department of Taxation and Finance. This allows tax collectors to include in their collections the amount of the child support arrearages.

Parents who do not pay their child support can also lose their driver’s or other professional licenses, and they could go to jail.

There is a lot that goes into obtaining and complying with a child support order. If you have a child support order and have arrearages or if you are seeking child support from your ex, we can help. Call The Litvak Law Firm today at 718-989-2908 and talk to one of our knowledgeable and experienced family lawyers. We’ll review your case and help you get justice. Don’t wait, call today.