Child Support in New York City: Your Rights and Options

Child support is a critical aspect of family law, ensuring children's financial needs are met after a separation or divorce. In New York City, navigating the complexities of child support laws can be challenging. At New York Family Attorneys, we provide compassionate and effective legal representation to parents seeking to establish, modify, or enforce child support orders. We understand the nuances of the Child Support Standards Act (CSSA) and are dedicated to protecting your children's best interests. If you're looking for a child support lawyer NYC residents trust, you've come to the right place

What is Child Support?

Child support payments are designed to cover a child's essential needs, including food, clothing, shelter, and other basic expenses. In New York, child support is typically paid by the non-custodial parent to the custodial parent. It's important to note that basic child support often doesn't include expenses like unreimbursed medical costs or childcare

How is Child Support Determined in NYC?

New York utilizes the Child Support Standards Act (CSSA) to calculate child support obligations. The CSSA uses a formula based on the combined income of both parents and the number of children. Here's a simplified overview:

Combined Income:

The court considers the income of both parents, up to a statutory cap (currently $183,000, but this can be argued to go higher). Determining income can be complex, especially for self-employed individuals or independent contractors. New York Family Attorneys has experience navigating these complexities and ensuring accurate income calculations

Percentage Based on Number of Children

The CSSA applies a percentage to the combined income based on the number of children:

• One Child: 17%

• Two Children: 25%

• Three Children: 29%

• Four Children: 31%

• Five or More Children: No less than 35% 

Above the Cap:

For combined incomes exceeding the cap, the court has discretion to award additional child support. Factors considered include the family's financial resources, the child's needs, the standard of living the child would have enjoyed, and more.

Add-on Expenses: 

Beyond basic child support, there are often additional expenses, such as unreimbursed medical expenses, childcare costs, and sometimes private school or extracurricular activities. These are typically shared between the parents.

Navigating Complex Income Situations

Determining a parent's true income can be challenging, especially in cases involving self-employment, fluctuating income, or hidden assets. At New York Family Attorneys, we have extensive experience navigating these complexities to ensure accurate child support calculations. Here are a few examples of situations we frequently handle:

Self-Employment Income: 

Self-employed parents often have business expenses that can blur the lines between personal and business income. We meticulously analyze financial records, tax returns, and business ledgers to accurately determine the parent's actual income available for child support. For example, we've successfully demonstrated how certain "business expenses" were actually personal expenses disguised to lower reported income.

Fluctuating Income: 

Some parents, like those in sales or freelance work, have income that varies significantly from year to year. We work to establish an average income based on past earnings and future earning potential to ensure a fair child support order. We've handled cases involving seasonal workers, commission-based income, and gig economy earnings, developing strategies to create a stable basis for support calculations.

Hidden Income or Assets: 

In some cases, one parent may attempt to hide income or assets to reduce their child support obligation. We utilize investigative tools and techniques, including subpoenas and forensic accounting, to uncover hidden income and ensure that child support is based on the parent's true financial picture. We've pursued cases involving offshore accounts, cash payments, and underreported income to protect our clients' children's financial well-being.

Imputed Income: 

If a parent is voluntarily unemployed or underemployed, the court may "impute" income, meaning they can estimate the parent's earning potential based on their education, work experience, and skills. We've successfully argued for imputed income in cases where a parent was intentionally minimizing their income to avoid their child support obligations.

Establishing Child Support in NYC:

Child support can be established through:

Family Court: 

Either parent can file a petition for child support in Family Court.

Supreme Court (Divorce): 

If parents are divorcing, child support is addressed as part of the divorce proceedings.

Family Offense Petition: 

Child support can also be awarded in some family offense cases.

Modifying and Enforcing Child Support Orders:

Modifications: 

Child support orders can be modified if there's a significant change in circumstances (e.g., a 15% change in income) or at least three years have passed since the last order.

Enforcement: 

If a parent fails to pay child support, the other parent can file a violation petition. Courts have various enforcement mechanisms, including wage garnishment, license suspension, and even jail time in cases of willful non-payment.

Child Support and College Expenses:

While not automatically included in basic child support calculations, college expenses can be a point of contention between parents. New York courts sometimes address college costs, especially when there's a history of the parents contributing to higher education expenses. Factors considered include the parents' financial resources, the child's academic abilities, and the reasonable expectations of the parents. It's crucial to have experienced legal counsel to navigate this complex area and advocate for your child's future educational needs.

Impact of Custody Arrangements on Child Support:

The type of custody arrangement can significantly impact child support calculations. While the custodial parent typically receives child support payments, the specific details of the custody order, including the time each parent spends with the child, can influence the final amount. For example, in cases of shared custody where both parents have the child a substantial amount of time, the child support obligation may be adjusted.

NYC Child Support FAQs

Can I get retroactive child support?

Yes, in some cases you may be able to obtain retroactive child support. This typically applies to the period between the filing of the petition and the issuance of the child support order. However, there are specific eligibility criteria and factors that the court will consider. An experienced child support attorney can advise you on whether you may be eligible for retroactive child support and help you navigate the process.

Our Innovative Approach to Child Support Cases:

At New York Family Attorneys, we understand that traditional methods of discovery in family court can sometimes fall short, especially when dealing with complex financial situations. That's why we take a proactive and technologically savvy approach to child support cases. Attorneys Daniel Szalkiewicz and Cali Madia are skilled at identifying crucial financial documents, even when they're hidden. We're not afraid to leverage technology, including subpoenas to tech companies and online financial institutions, to trace electronic payments and uncover hidden assets. This dedication to thorough investigation often allows us to uncover hidden income and ensure our clients receive the full and fair child support they deserve.

How New York Family Attorneys Can Help:

Our experienced New York City child support lawyers can:

• Accurately calculate child support obligations based on the CSSA.

• Advocate for your child's best interests in child support proceedings.

• Help you navigate complex income situations, including self-employment and fluctuating income.

• Pursue modifications of existing child support orders when appropriate.

• Enforce child support orders and hold delinquent parents accountable.

• Represent you in Family Court or Supreme Court.

• Provide guidance on college expense contributions.

• Help you understand how custody arrangements affect child support.