Child Support Lawyer
in New York

Legal Advice on Child Support and New York State Child Support Enforcement Laws

Are seeking legal advice regarding New York State child support and enforcement? Turn to our New York Child Support Lawyers for comprehensive family law, divorce, and child support legal advice and representation. At the law offices of Riebling, Proto & Sachs, LLP, our skilled attorneys pride themselves on their thorough understanding of the New York child support laws and enforcement and take the time to explain them to you.

As experienced Child Support Lawyers, we are dedicated to offering our clients tailored legal advice, representation and extensive education regarding the legal implications of their child support case. It is important to us that you have all of the information that is essential to making educated decisions in your case.

With law offices in New Windsor, Bronx, Brewster and White Plains, New York, our lawyers serve child support clients who are residents of the areas of Westchester, Bronx, Putnam, Dutchess, Rockland and Orange counties as well as throughout New York State. You’ll work with specialized child support lawyers who are fully versed with the wide array of NY child support enforcement laws and their implications.

Failure to Comply with New York State Child Support Laws can result in the following:

• Income Execution
• Unemployment Insurance Benefits Intercept
• Federal and State Income Tax Refund Interception
• Credit Bureau Submission
• New York State Lottery Winnings Intercept.
• Property Execution
• Driver's License Suspension
• Passport Denial
• Real Estate of Personal Injury Award Liens
• Tax Referrals

If you are facing any of the above administrative procedures that may be used to collect overdue child support from the New York State Division of Child Support Enforcement, call our skillful child support Lawyers at the law offices of Riebling, Proto & Sachs, LLP today for free initial legal advice regarding child support.

New York State Child Support Calculator

As set forth by the NYSBA Committee on Children and The Law, the following is an explanation of how the child support amount is calculated and determined.

What is the Child Support Standards Act?

The Child Support Standards Act (CSSA) is the name given to a set of laws that contain a formula for calculating child support. The laws can be found in section 240 of the Domestic Relations Law and section 413 of the Family Court Act.

The CSSA establishes child support amounts that allow children to have an appropriate standard of living, based on the income of their parents. Both parents’ incomes are considered in the formula even if they have joint custody, because both parents have the duty to support their children. It applies equally to children whose parents have been married and to those whose parents have not married, and to children up to the age of 21 unless they are emancipated sooner.

Must the CSSA be used by the courts?

Yes. All child support orders made by the courts must be decided by using the CSSA. The formula amount must be ordered unless the judge or support magistrate finds it would be “unjust or inappropriate.” Parents can agree to a different amount if they follow the rules.

How is the amount calculated?

After the judge or support magistrate determines the income of both parents and makes the deductions allowable by law, the incomes are added together to get the “combined parental income.” Next, the judge or support magistrate selects a percentage based upon how many children in the household need to be supported.

The combined parental income is multiplied by this percentage, and the amount is divided between the parents according to their incomes.

This amount, plus the cost of health insurance coverage, child care, health–related expenses that are not covered by insurance, and appropriate education costs, is called the total child support obligation. Unless the judge or support magistrate has a reason to change it, the non–custodial parent will be ordered to pay his or her share of this amount to the custodial parent.

Child support percentages

How is income determined?

All types of income must be considered, not just income reported to the Internal Revenue Service. Some sources of income are:

1. Wages, dividends, interest, business and investment income and capital gains.
2. Voluntarily deferred income or compensation.
3. Most cash benefits: Workers Compensation, disability (both private and government), Unemployment Insurance, Social Security and Veterans benefits, but not Public Assistance or SSI.
4. Pensions and retirement benefits.
5. Fellowships and stipends.
6. Annuity payments.

The judge or support magistrate can also include other income or potential income, such as:

1. Money, goods, or services provided by relatives or friends.
2. Fringe benefits or employee compensation (such as meals, lodging, memberships or automobiles) which result in personal economic benefit to the parent, and self–employment or business deductions which actually reduce personal expenditures.

Finally, the judge or support magistrate need not be bound by a parent’s claimed income, but may determine income (this is called “imputing income”) based upon a parent’s former income or resources, or based on a parent’s ability to earn.

Are deductions from income allowed?

Yes. These deductions will be made from income before the formula is applied:

1. FICA (social security and medicare) taxes.
2. New York City or Yonkers income or earnings taxes.
3. Child support paid on behalf of another child and alimony or maintenance paid to a former spouse, if the payments are made because of a written agreement or court order.
4. Alimony or maintenance paid, or agreed to be paid, to the other parent, as long as the agreement or order provides for an increase in child support when the alimony or maintenance payments end.
5. Unreimbursed employee business expenses, unless they reduced personal expenditures.

Can child support be ordered from one–time income?

Yes. The judge or support magistrate may order a parent to pay a portion of money received from a non–recurring (one–time) source, such as:

1. Life insurance policies
2. Discharges of indebtedness.
3. Recovery of bad debts and delinquency amounts.
4. Gifts and inheritances.
5. Lottery winnings.

What about child care, medical and education expenses?

The judge or support magistrate must enter an order that:

1. Requires either parent to provide health insurance benefits for the children and that the cost of the insurance be prorated between the parents.
2. Requires that reasonable health care expenses not covered by insurance be prorated between the parties.
3. Requires that reasonable child care expenses while the custodial parent is working, attending school or receiving vocational training which will lead to employment be prorated between the parties.

The judge or support magistrate may also order the non–custodial parent to provide or pay for:

1. Accident insurance or insurance on the life of either parent.
2. Child care expenses while the custodial parent is looking for work.
3. Child’s educational expenses.

Can the judge or support magistrate order a different amount?

Yes. If a parent thinks the formula amount is not enough or too much, he or she may ask the judge or support magistrate to raise or lower the amount using these factors:

1. Financial resources of both parents and the child.
2. The child’s physical and emotional health, special needs, and aptitudes.
3. The standard of living the child would have had if the marriage or household had not split up.
4. Tax consequences.
5. Non–monetary contributions a parent makes toward the child’s care and well–being.
6. Educational needs of either parent.
7. A substantial difference in gross incomes of the parents.
8. Needs of other children of the noncustodial parent, provided the financial resources available to these children are less than are available to the children requesting support.
9. Extraordinary visitation expenses of extended visitation if, as a result, the custodial parent’s expenses are substantially reduced. (This factor may not be considered if the child is receiving public assistance benefits.)
10. Any other factor the court this is relevant.

If the judge or support magistrate does not order the formula amount he or she is required to write in the order the formula amount and the reasons it was not ordered.

Does a parent with a very low income have to pay the full amount?

No. The formula for CSSA reduces the amount required to be paid by a non–custodial parent with a very low income.

Does the CSSA apply to temporary orders?

Yes. The law requires the judge or support magistrate to make an order for temporary child support. If there is sufficient information available at the time temporary support is requested, the order can be made through the method established by the CSSA.

Can an order be changed later?

Yes. An order can be increased or decreased (modified) if the court finds that a new amount is justified. If you are seeking a modification due to a job loss or otherwise, you must file a petition as soon as possible, since relief is retroactive to the date of filing. (It may be harder to get the amount changed if the earlier order was based on a written agreement, and the judge or support magistrate may consider all the other provisions in the agreement in determining whether to order a new amount.) It may be more difficult to modify an order based upon an agreement than one which resulted from a decision after trial, as the standard for modifying an agreement is an unanticipated change of circumstances and the standard for modifying an order after trial is a substantial change in circumstances.

Where an order is more than two years old and it is being enforced by a local child support collection unit (“SCU”), either parent may request that the order be reviewed for a possible cost of living adjustment.

Can parents make their own agreements?

Yes. Parents may enter into agreements which provide for more or less child support than the formula amount as long as the agreement and the order meet these requirements:

1. The agreement must contain a statement that both parents are aware of the provisions of the CSSA.
2. If either or both parents are not represented by an attorney, the unrepresented parent must be given a copy of a chart that shows the formula amount.
3. The basic child support obligation must be stated in the agreement and the order.
4. If the amount agreed upon is different from the basic child support obligation, the reasons for the different amount must be stated in the agreement and the order.