New York Child Support Lawyers Serving Westchester, Putnam Dutchess Counties and New York City

New York divorce attorneys help courts reach fair child support orders

Both parents have an obligation to support their children financially, whether they are married, single or divorced, and whether they live with the children or not. At Needle | Cuda, our New York attorneys represent spouses paying or receiving child support payments.

How does New York determine who pays child support?

The purpose of child support is to ensure that both parents are paying their fair share of the child-rearing expenses. Usually, one parent spends more time with the child than the other, even when they share custody. In that case, the parent who spends less time with the child usually pays the child support, since New York presumes that the primary custodial parent is spending a proportionately greater amount on the children.

When the parents spend an equal amount of time with the child, the parent with the larger income typically pays support.

We will review your parenting situation to determine if you are likely to be entitled to child support or obligated to pay it, and will represent you to ensure you are treated fairly by the court.

How does New York calculate child support?

New York’s child support guidelines use a formula to calculate the amount payable. It begins with the for the total income of each parent minus certain expenses and other deductions. The amount the non-custodial parent pays is their proportional share of a percentage of the combined income of both parents.

The percentage depends on the number of the parents’ shared children who need child support, and increases if the couple has more children (up to five). However, the courts have discretion to depart from the guidelines in appropriate cases. For instance, the court may deviate from the guidelines if the follow conditions are met:

• A non-custodial parent deliberately reduces their income without good reason in an attempt to avoid child support;
• The combined parental income is high;
• The court determines that the amount set by the guidelines is unjust or inappropriate, based on an examination of various factors;

You and your co-parent may also agree to child support payments, subject to the judge’s review of whether it is in the best interests of the child. However, an agreement to pay more than the guidelines require should pass muster. Whether we bring or defend a child support proceeding on your behalf, we will examine all of the relevant circumstances that favor you and make sure the court is aware of why it should take them into account.

Needle | Cuda’s New York practice serves clients in Scarsdale, Chappaqua, Larchmont, Pound Ridge, Armonk, Rye, Bronxville, Briarcliff Manor, Bedford, Harrison, and Tarrytown.

When do child support obligations of parents terminate in the state of New York?

Child Support continues until the age of twenty-one (21) in New York State.  A child is entitled to be supported by his/her parents until reaching that age.  Exceptions, if the child is under 21 include:  marriage, self-supporting, military service, or if the child is emancipated.

What is not included in child support in New York?

Child support is intended to cover basic cost of living expenses, including food, clothing and shelter.  It does not include unreimbursed medical expenses or child care (for the custodial parent who is working or in school.

How do I terminate child support in New York?

The non-custodial parent must file a termination petition with the court after the child has turned twenty-one (21).  Child support does not just stop.  Exceptions include automatic termination if the child meets the following circumstances:  married, self-supporting, active military service, and/or emancipation.

Contact our New York child support lawyers for savvy and straightforward legal counsel

If you are a parent seeking child support or the potential obligor of child support in Dutchess, Putnam, Westchester County or New York City, Needle | Cuda is ready to help. To arrange a consultation, call us today at 203-557-9500 or contact us online.

Related Information and Important Links

Link to Child Support Standards Chart – New York Child Support Services

Link to Child Support Calculator – NYC Human Resources Administration

Link to Child Support Handbook for Non-Custodial Parents – NYC Human Resources Administration 

Link to Child SUpport FAQs – New York City Family Court (NYCourts.gov)