In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.
➢ Call to make an appointment: (631) 854-3183 A worker will call you back within one business day to answer any questions, determine the appropriate petition to file and discuss the documentation you must provide.
The three-step formula for calculating NY child support is: 17% for one child. 25% for two children. 29% for three children. 31% for four children.
In certain cases of willful nonpayment of child support, the delinquent parent may go to jail for up to six months. Noncustodial parents who owe child support arrears equal to or more than four months of current support may be eligible to have their state-issued licenses suspended through the court process.
State-owed debt cannot be forgiven.
The Child Support Unit provides custodial parents with assistance in obtaining financial support and medical insurance coverage for their children.
Effective March 1, 2024, for the next two years, the income cap for child support calculations is $183,000 (up from $163,000) and the income cap for maintenance is $228,000 (up from $203,000). Child support is calculated using the formula in the Child Support Standards Act DRL §240, FCA §413.
The court uses a formula for determining the amount of support. The court combines the income of both parents. When the income falls below $148,000 a year, it multiplies it by a percentage based on the number of children. It is 17 percent for one child, 25 percent for two, 29 percent for three, and 31 percent for four.
17% for one child; • 25% for two children; • 29% for three children; • 31% for four children; and • 35% for five or more children. The New York percentages are applied presumptively up to a combined parental income amount that is adjusted every two years. In 2022, that threshold is $163,000 per year.