New York Child Support Laws

Table of Contents

• How to Apply for Child Support in New York
• How Is Child Support Calculated in New York?
• 2024-2026 Income Cap Updates
• Factors That Determine Child Support Amount
• How to Modify Child Support in New York
• What Happens If You Do Not Pay Child Support?
• When Does Child Support End in New York?
• Emancipation in New York
• Frequently Asked Questions

How to Apply for Child Support in New York

In New York, any parent, guardian, or caretaker can apply for child support services. The New York Division of Child Support Services (DCSS) administers the child support program statewide.

To apply for services:

• Download the child support application form or call 888-208-4485
• Apply for child support online
• Contact your local family court or a family law attorney

What to remember:

• The NY DCSS provides services including locating non-custodial parents, paternity establishment, support establishment, support collection, modification services, medical support establishment, and enforcement
• The annual service fee is $35, applied after the obligor pays more than $500 in support
• Custodial parents pay the service fee annually
• If either parent moves to another state, you must notify the DCSS
• Families receiving TANF, Medicaid, or foster care services automatically qualify for child support services

How Is Child Support Calculated in New York?

New York uses the Child Support Standards Act (CSSA) to calculate child support obligations. Under FCA Section 413, the court applies standard percentage guidelines to the combined parental income.

The calculation process works as follows:

1. The court determines each parent’s gross income
2. Deductions are made for FICA (Social Security and Medicare), New York City or Yonkers taxes where applicable, and other allowable deductions
3. The resulting figure is the adjusted gross income
4. The court combines both parents’ adjusted gross incomes
5. The CSSA percentage is applied to the combined income up to the statutory cap
6. Each parent’s share is proportional to their percentage of the combined income

Number of Children	CSSA Percentage
One child	17%
Two children	25%
Three children	29%
Four children	31%
Five or more children	35%

Resources for calculation:

• Official New York Child Support Calculator
• Child Support Worksheet (Form UD-8-3)
• Child Support Standards Chart (LDSS 4515)

2024-2026 Income Cap Updates

New York law requires the income cap to be adjusted every two years. Effective March 1, 2024 through February 28, 2026, the combined parental income cap is $183,000 (increased from $163,000).

For income above the cap, courts have discretion in determining additional child support based on:

• The factors outlined in FCA Section 413(1)(f)
• The child’s actual needs
• The standard of living the child would have enjoyed if the parents remained together
• The financial resources of both parents

The maintenance income cap also increased to $228,000 for the same period.

Factors That Determine Child Support Amount

When calculating support, the court considers the child’s best interests and the financial circumstances of both parents. Relevant factors include:

• The financial resources of both parents and the child
• The physical and emotional health of the child, and any special needs or aptitudes
• The standard of living the child would have enjoyed if the parents stayed together
• Tax consequences to the parties
• Non-monetary contributions that the parents will make toward the care of the child
• Educational needs of either parent
• Extraordinary expenses incurred by the non-custodial parent for visitation
• Any other factor the court determines is relevant

Required Documents

When applying for child support, gather as much information as possible about your former partner:

• Social Security number
• Last known address and employer information
• Income documentation (pay stubs, tax returns)
• Health insurance information
• Children’s birth certificates
• Existing court orders (divorce, custody, prior support orders)

How to Modify Child Support in New York

New York law allows parents to petition the family court to modify child support orders when circumstances change. Under FCA Section 451, modification may be granted when:

• Three years have passed since the order was entered, last modified, or adjusted
• Either parent’s gross income has changed by 15% or more since the order was entered or last modified
• There has been a substantial change in circumstances

Grounds for Modification

• Involuntary job loss or significant income reduction
• Substantial income increase for either parent
• Change in custody arrangements
• Change in the child’s needs (medical, educational, special circumstances)
• Incarceration (for orders issued after 2010, incarceration is not treated as voluntary unemployment)
• Emancipation of a child from the support order

Important: Orders issued before 2010 may treat incarceration as voluntary unemployment, and modification may not be available in those cases.

To request modification, contact the family court, Office of Court Administration, or call 888-208-4485. If parents agree to the modification, they may stipulate to the change without a hearing.

What Happens If You Do Not Pay Child Support?

New York takes child support enforcement seriously. The DCSS and courts use multiple tools to collect unpaid support:

Administrative Enforcement

• Add Amount Program: The court may temporarily increase your support order by up to 50% until arrears are paid
• Income Withholding: Automatic deduction from wages, unemployment benefits, workers’ compensation, and other income sources
• Tax Refund Intercept: State and federal tax refunds can be seized if arrears exceed $500
• Lottery Winnings Intercept: Winnings above $600 may be diverted to child support
• Property Execution (PEX): The OCSE may access bank accounts or financial assets to collect support
• License Suspension: Driver’s, professional, and business licenses may be suspended
• Passport Revocation: If arrears exceed $2,500, the State Department may revoke or deny passport applications
• Credit Bureau Reporting: Unpaid support may be reported to credit agencies
• Liens on Property: The state may place liens on real estate and other assets

Judicial Enforcement

If a parent fails to pay, the receiving parent or OCSE can file a violation petition with the court. Consequences may include:

• Arrest and incarceration for up to 6 months
• Cash security deposit for up to three years of future child support
• Liens on property until arrears are paid in full

The court may also refer unemployed or underemployed parents to the Support Through Employment Program (STEP) to help them build skills and find work.

Criminal Non-Support

Willful failure to pay child support is a Class E felony in New York under Penal Law Section 260.05. For a first violation, punishment may include up to four years in prison or five years of probation. Penalties increase for repeat violations.

The prosecution must prove that the failure to pay was knowing and willful. The statute of limitations for enforcement is 20 years from the date of default.

When Does Child Support End in New York?

Under New York law, child support generally continues until the child reaches age 21. This is older than many other states, which terminate support at age 18.

Support may extend beyond 21 if:

• The child support order includes a written provision for extended support (such as college tuition)
• The child has special needs that require ongoing support
• The parties agreed in writing to provide support beyond age 21

Support may end earlier if the child becomes emancipated through:

• Marriage
• Joining the military
• Becoming economically self-sufficient and independent
• Voluntarily abandoning the parental home

Emancipation in New York

New York does not have a formal emancipation statute that allows minors to petition for emancipation. Instead, emancipation typically occurs through other legal processes or life events.

A child may be considered emancipated if they:

• Get married
• Join the United States Armed Forces
• Are 18 or older and fully self-supporting
• Voluntarily leave the parental home and sever the parent-child relationship

If you are seeking emancipation or want to terminate support early, consult with a family law attorney to understand your options.

Frequently Asked Questions

How much child support will I pay for one child in New York?

Under the CSSA, the basic child support obligation for one child is 17% of the combined parental income up to $183,000. Each parent’s share is proportional to their percentage of the combined income. Use the official calculator for an estimate based on your specific situation.

Can child support be modified if I lose my job?

Yes. Involuntary job loss is a substantial change in circumstances that may justify modification. You should petition for modification as soon as your circumstances change to avoid accumulating arrears. Contact the DCSS or family court promptly.

Does New York require parents to pay for college?

New York courts generally do not order parents to pay for college as part of child support. However, parents can agree to include college expenses in their support agreement, and courts will enforce such agreements.

What if the non-custodial parent lives in another state?

New York participates in the Uniform Interstate Family Support Act (UIFSA), which allows for enforcement of support orders across state lines. If either parent moves, notify the DCSS immediately. The state can work with other states to locate parents, establish paternity, and enforce support orders.

How long does New York have to collect back child support?

The statute of limitations for collecting child support arrears in New York is 20 years from the date of default. There is no limit on the amount of arrears that can be collected.

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• New York Statute of Limitations
• New York Whistleblower Laws