Raising children comes with real financial responsibilities, and when parents live apart, child support ensures that children continue to receive the care they need. Whether you’re seeking support, being asked to pay, or facing enforcement or modification issues, I provide clear, honest legal guidance every step of the way.

​

As an experienced Syracuse area family law attorney, I work with parents throughout the Central New York region to resolve child support matters with fairness and focus.

​

How Is Child Support Calculated in New York?

​In New York, child support is calculated in accordance with the Child Support Standards Act (CSSA), which sets forth a formula based on parental income and the number of children.

 

First, the court determines each parties adjusted gross income, which is their gross income minus certain deductions such as FICA taxes and money paid for any other children under existing child support orders. The court then adds together both parents adjusted gross income to determine a combined parental income.​ The court applies a fixed percentage of the combined parental income up to a statutory cap as follows:

​​

• 1 child → 17%

• 2 children → 25%

• 3 children → 29%

• 4 children → 31%

• 5+ children → at least 35%

 

Example: If the combined parental income is $100,000 and the parties have 2 kids → $25,000/year is the basic child support obligation.

​​

The Court then determines each parents "pro rata share" (their percentage of the total income) with the noncustodial parent (the one the child does not primarily live with) paying their share to the custodial parent.

​​

Example: Using the above example of a parties with a combined parental income is $100,000 and 2 kids where $25,000/year is the basic child support obligation, if one parties adjusted gross income was $80,000 and the other was $20,000, the higher earning party would be liable for 80% of the support obligation, or $20,000 while the lower earning party would be liable for the remaining 20%, or $5,000.

​​​​​

In addition to basic support, the court may also require parents to contribute to:

​​​

• Health insurance premiums and medical expenses

• Child care costs related to work or education

• Educational expenses​

​​​

To learn more about how child support is calculated in New York State, please see our blog post titled Understanding How Child Support is Calculated in New York State

​​​

What Age Does Child Support End in New York State?

In New York State, child support generally continues until the child reaches the age of 21. However, there are exceptions: such as the child becoming emancipated (e.g., gets married, joins the military, or becomes financially independent), support may end earlier, or has special needs (for children with disabilities, support may continue beyond age 21 if they are unable to support themselves)​

​

How is Child Support Determined in 50/50 Cases?

In New York State, even when parenting time is split evenly, the court must still designate one parent as the “custodial” parent for child support purposes. Typically, this is the parent with the higher income, since the law aims to ensure the child enjoys a consistent standard of living in both households. This means that the higher-earning parent is often required to pay support to the lower-earning parent, even if parenting time is shared equally. Just as in cases where one parent has primary custody, the court calculates support using the CSSA formula, then may adjust (or “deviate”) from the guidelines if strict application would be unfair or inappropriate.

​​​

To learn more please see our blog post titled How Child Support Is Determined in 50/50 Custody Cases in New York

​​​

Deviations From the Guidelines

Courts may deviate from the standard child support formula if the result of applying it would be unjust or inappropriate. Factors that a court may consider in making this determination include:

​​​

• The financial resources of each parent

• The health and special needs of the child

• The standard of living the child would have had if parents stayed together

• The non-monetary contributions of each parent

• Other children the parent must support.

​​​​

To learn more about downward deviations please see our blog post titled When Can a Court Reduce Child Support? Understanding Downward Deviations in New York.

​​

How Are College Expenses Divided?​

When parents are separated or divorced in New York, responsibility for college costs is not automatic, but rather depends on court orders, agreements between parents, and several legal factors. New York courts may allocate college expenses as part of a family court order or divorce settlement, but parents are not always legally required to pay for college unless it is specified in a written agreement or order.

​

If the parents’ divorce settlement or separation agreement includes provisions for college expenses, these are legally binding. Such agreements often specify how costs (tuition, room, board, books, etc.) are split, whether based on a percentage of income or a fixed amount, and may cap contributions.​

​

If no agreement exists, a parent can petition the court to order the other parent to contribute to college costs. New York courts have the discretion to order such payments under Domestic Relations Law § 240(1-b)(c)(7), especially if the child was a minor at the time of the divorce. Courts consider:

​​

• The parents’ financial resources and ability to pay.

• The child’s academic ability, interests, and college plans.

• The standard of living the child would have enjoyed if the parents had remained together.

• Any scholarships, grants, or financial aid the child receives.

• The parents’ educational background and expectations for the child’s education.

​​

For more see our blog post on Who Pays for College After Divorce in New York? What Parents Need to Know

​​

Who Gets to Claim the Child on Tax Returns?

In New York, determining which parent claims a child as a dependent on income tax returns after separation or divorce involves federal tax rules, any existing agreements, and sometimes court intervention.

​

In the absence of an agreement otherwise, the Internal Revenue Service (IRS) generally allows the custodial parent (the parent with the most overnights) to claim the child as a dependent for tax purposes, including the Child Tax Credit and other benefits.

 

However, the custodial parent can waive this right, allowing the non-custodial parent to claim the child. A separation agreement or divorce decree often specifies which parent claims the child and in which tax years. For example, parents may alternate years, split multiple children between them, or assign the exemption to one parent based on financial contributions or income. These agreements are binding if properly executed and meet IRS requirements.

​

To learn more please see our blog post titled Who Can Claim the Children on Their Tax Return?

 

Modification of Existing Support Orders​​

Child support in New York can be modified if 3 years have passed since the last order, either parties or income has changed by 15% or more (however, reductions won’t be granted for voluntary unemployment or bad-faith income reduction) or a substantial change of circumstances such as changes in the child’s needs (e.g., medical, educational, extracurricular)or a change in custody or parenting time arrangement.

​

For more information on modifying existing custody orders please see our blog post titled Can I Modify an Existing Child Support Order in New York?

​​

Violations and Enforcement

Child support obligations are legally enforceable and there are several remedies available if payments are missed, including:

​​

• Entry of a money judgment for arrears

• Garnishment of wages and/or tax refunds

• Suspension of driver’s license or professional license

• Placement liens on property or bank accounts

• Imposition of jail time for willful violations​

Contact Us Today​​​

Child support can quickly become a stressful issue, but it doesn’t have to be. As an experienced Syracuse family law attorney, I’ll walk you through your rights and responsibilities so you can make smart, informed decisions for your family.

​

For more details on some of the most commonly asked questions regarding child support matters in New York State please visit our Frequently Asked Questions page

​

Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this site or contacting us through it does not create an attorney-client relationship. Past results do not guarantee similar outcomes.