New York child support laws are designed to ensure that children receive the financial support they need from both parents, regardless of the parents’ marital or living situation. Whether you are divorced, separated, or were never married to the child’s other parent, New York State law requires both parents to contribute to their child’s upbringing.
This guide provides a detailed overview of how child support in New York works, including who pays, how payments are calculated, enforcement options, and what steps to take if you need help managing or modifying a support order.
What Is New York Child Support?
Child support is a financial contribution paid by one parent to another to help cover the costs of raising a child. These costs include basic living expenses like:
- Food and clothing
- Housing and utilities
- Health care and medical expenses
- Educational expenses
- Childcare costs
The parent who has primary custody of the child (the custodial parent) typically receives child support payments. The non-custodial parent, the parent who spends less time with the child, is usually responsible for paying support.
In New York, parents are legally required to support their children until they reach age 21, unless the child is legally emancipated earlier (for example, by getting married, joining the military, or becoming self-supporting).
How Is Child Support Determined in New York?
New York uses the Child Support Standards Act (CSSA) to calculate child support. This law sets a formula based on both parents’ combined income and the number of children to be supported.
Basic Child Support Percentages
Here are the standard percentages applied to combined parental income (up to $183,000 as of 2025):
Number of Children | Percentage of Combined Income |
1 Child | 17% |
2 Children | 25% |
3 Children | 29% |
4 Children | 31% |
5+ Children | At least 35% |
If the parents’ combined income exceeds $183,000, the court has discretion to decide whether to apply the same formula to the excess income or consider other factors, such as the child’s needs and the parents’ financial situations.
Mandatory Add-Ons
In addition to basic support, the court may order the non-custodial parent to pay for:
- Medical support: Health insurance coverage for the child or a contribution toward medical expenses not covered by insurance.
- Childcare costs: If childcare is needed so the custodial parent can work or attend school.
- Educational expenses: This may include private school tuition or extracurricular activities, depending on the family’s prior lifestyle and financial resources.
These costs are usually shared in proportion to each parent’s income.
Income Considerations
When calculating child support, the court considers:
- Gross income from all sources (wages, bonuses, self-employment income, etc.)
- Deductions allowed under the law, such as:
- Other court-ordered child support payments
- Spousal support paid to a former spouse
- Unreimbursed business expenses
- Public assistance benefits
Once deductions are applied, the adjusted gross income is used in the child support formula.
How to Apply for Child Support in New York
You can request New York child support in two main ways:
1. During a Divorce or Legal Separation
If you are getting divorced, child support is usually addressed as part of the divorce process in Supreme Court. Your attorney or the court will help calculate the proper amount based on state guidelines.
2. Through Family Court
If you are not married to the other parent, you can file a child support petition in Family Court in the county where the child lives. Family Court will:
- Establish paternity (if necessary)
- Determine the appropriate child support amount
- Issue a formal child support order
Services Provided by the Child Support Program
New York’s Child Support Program helps both custodial and non-custodial parents manage support responsibilities. Services include:
- Locating the non-custodial parent
- Establishing paternity
- Setting up or modifying child support orders
- Collecting and distributing payments
- Enforcing orders when payments are not made
You can apply for services through the New York Child Support Program at childsupport.ny.gov or call the New York State Child Support Helpline at 1-888-208-4485.
The annual fee for child support services is $25, but this is waived if you receive public assistance or have never received at least $500 in child support payments.
Enforcement of Child Support Orders
If the non-custodial parent fails to pay court-ordered child support, New York State uses several enforcement tools:
- Income withholding: Automatic deductions from wages or unemployment benefits.
- Tax refund intercepts: State and federal tax refunds can be seized to cover unpaid child support.
- License suspensions: The state may suspend driver’s licenses, professional licenses, or recreational licenses.
- Credit reporting: Non-payment is reported to credit agencies, affecting credit scores.
- Bank account seizure: Funds in a bank account may be frozen and seized to satisfy arrears.
- Contempt of court: In extreme cases, a parent may face court sanctions, including jail time.
The Support Collection Unit (SCU) handles collection and enforcement across New York State.
Modifying Child Support Orders
Child support orders are not set in stone. If there has been a substantial change in circumstances, either parent can petition the court to modify the order. Common reasons include:
- A significant increase or decrease in either parent’s income
- A change in the child’s needs (such as medical issues or educational expenses)
- A change in custody or living arrangements
Support orders are reviewed every three years or sooner if necessary.
Medical Support Obligations
Medical support is often part of a child support order. Parents may be ordered to:
- Provide health insurance through an employer-sponsored plan
- Pay cash medical support if insurance is unavailable
- Share the cost of medical expenses not covered by insurance
Failure to provide required medical support is treated as a violation of the child support order.
For more information or to open a case, visit childsupport.ny.gov or call the New York State Child Support Helpline at 1-888-208-4485.
If you need legal advice specific to your situation, consulting a New York child support lawyer is recommended.