A New York child support order is a legal decision by the court that determines how much financial support a non-custodial parent must provide for their child. Whether you are married, divorced, separated, or were never married to your child’s other parent, child support is a critical way to ensure that children receive the financial resources they need.
This guide explains how child support orders work in New York, including how they are established, enforced, modified, and terminated.
What Is a New York Child Support Order?
A child support order is a court order that requires one parent, usually the non-custodial parent, to pay a specific amount of money to the custodial parent to help cover the child’s expenses. These expenses include:
- Food
- Housing
- Clothing
- Medical support and health insurance
- Childcare and education costs
Child support payments continue until the child turns 21 years old in New York, unless the child becomes emancipatedearlier due to marriage, military service, or financial independence.
How to File for a Child Support Order in New York
There are two main ways to obtain a New York child support order:
1. During a Divorce or Separation
If you are going through a divorce or legal separation in the New York Supreme Court, child support is usually decided as part of the divorce case. The court issues a support agreement or order that outlines both parents’ responsibilities.
2. Through Family Court
If the parents were never married or the custodial parent prefers to handle child support separately from other legal issues, a child support petition can be filed in Family Court.
To start the process, you must:
- File a child support petition in the county where the child lives.
- Serve the other parent with the summons and a copy of the petition.
- Complete a Financial Disclosure Affidavit, listing your income, expenses, and assets.
The court may issue a temporary order of support at the first hearing, which requires payments to begin immediately, even before a final order is in place.
The Child Support Hearing Process
At the hearing, a Support Magistrate will review the following:
- Both parents' financial disclosures
- Tax returns, pay stubs, and expense documentation
- Childcare and medical expenses
If the parents agree on the support amount, the magistrate may issue a final order based on the support agreement. If there is no agreement, the court will calculate the amount of support using the New York Child Support Standards Act (CSSA) guidelines.
Standard Child Support Percentages
The court typically uses the following percentages of 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 | 35% or more |
Additional expenses such as medical support, daycare, and education costs are often ordered as mandatory add-ons, divided based on each parent's income share.
If a parent cannot afford the calculated support amount, the court may issue a poverty-level order ($25/month) or minimum order ($50/month), depending on their income.
Enforcement of a New York Child Support Order
Once a child support order is in place, payments are usually processed through the New York State Child Support Processing Center. The Support Collection Unit (SCU) handles the collection and distribution of payments.
Income Withholding Orders
Most child support payments are automatically deducted from the paying parent's wages through an Income Withholding Order (IWO). Employers are required to send the withheld funds to the SCU, which then forwards the payments to the custodial parent.
Other Enforcement Actions
If a parent fails to pay, the child support enforcement system can take several actions, including:
- Reporting arrears to credit bureaus
- Suspending driver’s or professional licenses
- Seizing tax refunds
- Placing liens on property
- Freezing bank accounts
- Filing a violation of support order petition, which may lead to penalties or jail time
The child support program works to ensure timely payments and can assist both custodial and non-custodial parents with enforcement or compliance issues.
Modifying a Child Support Order in New York
A New York child support order can be modified if there is a significant change in circumstances. Either parent has the right to request a modification by filing a petition in Family Court. Common reasons for seeking a modification include a substantial change in circumstances, such as job loss, a serious illness, or other life events that affect financial ability. Additionally, if three years have passed since the last support order was issued or modified, either parent can request a review. Another valid reason is if either parent's income has changed by 15% or more, whether it is an increase or decrease. It is important to note that until the modification is officially approved by the court, the original child support order remains in effect, and any unpaid amounts will continue to accumulate as arrears.
Terminating a Child Support Order
A New York child support order typically ends when the child turns 21 years old, becomes emancipated, through marriage, military service, or achieving financial independence, or if the custodial parent or the child passes away. However, if there are any arrears (past due child support) at the time the order ends, the non-custodial parent remains legally responsible for paying the outstanding balance, regardless of the termination of the order.
What If the Parents Live in Different States?
New York handles interstate child support cases under the Uniform Interstate Family Support Act (UIFSA). If one parent lives outside New York, the court may:
- Establish a new order in New York if jurisdiction allows.
- Enforce an out-of-state support order by registering it in New York.
- Use the local child support program to coordinate with other states for enforcement.
If the custodial parent lives outside of New York and the non-custodial parent lives within the state, the New York State Child Support Enforcement Unit can assist with case management and enforcement.
Objecting to a Child Support Order
If you disagree with the court's decision, you can file an Objection to the Support Magistrate’s Order within 30 daysof receiving it. The other parent will have a chance to respond, and a Family Court judge will review the case.
If you still disagree after the objection decision, you may appeal to a higher court.
Accessing Child Support Services in New York
To access child support services, contact:
- New York State Child Support Helpline: 1-888-208-4485
- Local Child Support Offices: Find locations at childsupport.ny.gov
- Apply online for services including establishment of parentage, support collection, and enforcement assistance.
If you need legal guidance, consider consulting a family court attorney or reaching out to your local child support services office for assistance.