This document provides answers to frequently asked questions about child support in New York. It discusses who has to pay child support (any non-custodial parent), how much is typically paid (a percentage of income determined by the number of children), what happens if support is not paid (enforcement options like wage garnishment), and how the amount can be modified (by showing a substantial change in circumstances). The custodial parent does not have to account for how the support money is spent.

1. WHAT YOU
NEED
TO KNOW
ABOUT
CHILD SUPPORT
IN NEW YORK

2. WHO AM I?
JOLEENA LOUIS, ESQ.
● NYC BASED DIVORCE AND FAMILY
LAW ATTORNEY
● I EXCLUSIVELY PRACTICE FAMILY
LAW
● HELPED HUNDREDS OF FAMILIES
WITH THEIR FAMILY LAW ISSUES

3. WHY I CREATED
THIS SLIDE
SHOW
TO HELP YOU MAKE EDUCATED
DECISIONS
MOST PEOPLE WHO COME TO ME FOR
HELP FOR WITH THEIR CHILD
SUPPORT CASE DON’T KNOW THE
BASICS OR ARE MISINFORMED.

4. WHERE DID THE
QUESTIONS
COME FROM?
THESE WERE THE MOST
FREQUENT QUESTIONS I
RECEIVED FROM:
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5. WHO HAS TO
PAY CHILD
SUPPORT?
ANY NON
CUSTODIAL
PARENT
Any non-custodial parent (male or
female) can be ordered to pay child
support. This is true even if the
non-custodial parent has no contact
with the child, is not working, is on
disability, is in jail, or lives outside of
the jurisdiction.

6. I HAVE MY CHILD HALF
THE TIME. DO I STILL
HAVE TO PAY?
MAYBE
Even in instances of equal
parenting time, the party with the
higher income will be ordered to
pay support.
If the parties incomes are close to
equal, the Court may allow mutual
waivers of support.

7. WHAT IF MY
CHILDREN ARE ON
PUBLIC ASSISTANCE
YOU WILL STILL HAVE TO
PAY
The Human Resources
Administration (HRA),
may sue the
non-custodial parent
for child support.

8. WHAT IF I
DON’T SHOW
UP FOR COURT?
YOU WILL STILL HAVE TO PAY
If there is proof that the
noncustodial parent was served, the
support magistrate may issue an
order in their absence.
Tip: If you are served it is in your
best interest to appear. Ignoring a
summons can make you lose
money, your rights and in some
cases, your freedom.

9. HOW MUCH
WILL I HAVE TO
PAY?
IT DEPENDS ON YOUR INCOME
AND THE NUMBER OF CHILDREN
The New York law which governs the
child support is the Child Support
Standards Act (“CSSA”).
Basic child support obligation is
determined as a percentage of the
parents’ income minus certain
deductions.

10. The percentages are:
17% for one child
25% for two children
29% for three children
31% for four children
and at least 35% for five or more
children.
The formula is adjusted for income
under the poverty line and income
above $141,000.

11. WHAT IF I BELIEVE
THE SUPPORT
MAGISTRATE
MADE A MISTAKE?
ACT FAST TO APPEAL
You have thirty days to file objections
to the order, which means that a
Family Court judge will review the
decision. If the judge denies your
objections, you can appeal this denial
to the Appellate Division.
Tip: It is very difficult to get a decision
overturned so talk to a lawyer about
your options before proceeding.

12. I’M BEING DENIED
VISITATION. DO I
STILL HAVE TO PAY
SUPPORT?
YOU STILL HAVE TO
PAY
Support and custody /visitation are
handled separately in New York
Family courts.
Regardless of any visitation issues, the
child support order must be complied
with.
If the non-custodial parent fails to pay
child support, the visitation order
must still be followed.
The only way to change either type of
order is to petition for a modification.

13. HOW CAN I GET
THE ORDER
CHANGED?
PETITION FOR A MODIFICATION
Effective October 13, 2010, the court
may modify child support where (1)
three years have passed since the
order was entered, last modified or
adjusted; or (2) there has been a
change in either party's gross income
of at least 15%.
Otherwise you have to prove a
substantial change in circumstances.

14. WHAT DOES
CHILD SUPPORT
INCLUDE?
…….
Cash payments (based on the parent's income
and the needs of the child)
Health insurance for the child
Payments for child care, and
Payments for reasonable health care costs that
are not covered by health insurance.
Can also include add ons such as tuition,
tutoring, or extracurricular activities.

15. DO I GET TO
FIND OUT
WHAT THE
MONEY IS
SPENT ON?
NO
This is the most common question I
get about child support.
The custodial parent does not have to
give an accounting of the support.
They are entitled to spend that money
as they wish to cover the living
expenses of the child.
The money does NOT have to go
directly to the child.

16. WHAT IF THEY
REFUSE TO
PAY?
THERE ARE ENFORCEMENT
OPTIONS
There are several ways a child support
order can be enforced:
Garnished wages
Money Judgement - seizure of bank
accounts, vehicles, property, and
other assets
Jail time

17. CAN THE
PARENTS
AGREE TO A
DIFFERENT
AMOUNT?
YES
The party can agree to any amount
that reasonably meets the needs of
the children.
They must provide the court with a
reason for the deviation from the
CSSA amount.
This is typically more of an issue when
the parties agree to an amount that is
less than CSSA.

18. WHAT IF THERE
IS A CHANGE IN
CUSTODY?
PETITION FOR A
MODIFICATION
A change in custody warrants a
substantial change in circumstances
and child support will need to be
recalculated.
Keep in mind that if you owe arrears
you will still be responsible for them.
You must still follow the support order
until a modification is granted by the
court.

19. UPCOMING
E-COURSES,
WEBINARS &
BOOKS
Join the list at
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● E-Course: Preparing for Battle
-Essential Tools For Your Custody
Litigation
● E-Book: 101 Questions About NY
Divorce
● Webinar: Ultimate Keys to
Representing Yourself In Family
Court
● Co-Parenting WorkBook

20. HAVE MORE
QUESTIONS?
CONTACT ME FOR A FREE PHONE
CONSULTATION
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INFO@JOLEENALOUISLAW.COM
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