As a divorce attorney/mediator for over 35 years, I, and my litigation
partner have successfully guided many spouses through the maze of obtaining
Making sure a child is protected and supported financially is an important
part of the divorce process. If you need help getting child support, we
can help you!
1. What is Child Support?
Child support is financial support provided by the noncustodial parent.
It includes cash payments based on the parent's income and the needs
of the child, health insurance, payments for child care, and reasonable
health care costs not covered by health insurance.
Under New York law, parents are responsible for supporting their children
until the child is 21 years old. The state has a child support program
which can collect and distribute child support payments and enforce orders
when payments are not made. A parent, guardian, caretaker of a child,
or child who needs support can apply for these services.
2. Child Support Guidelines
The court uses a guideline to calculate what the noncustodial parent will
pay, based on the parents’ joint adjusted gross income and on the
number of children involved, after making deductions such as Medicare,
Social Security and New York City tax.
Then the adjusted gross income is multiplied by the standard guideline
percentage for the number of children as follows:
• 17% for one child
• 25% for two children
• 29% for three children
• 31% for four children
• at least 35% for five or more children
Then childcare and extracurricular expenses is added to the total.
This formula is applied to the first $154,000 of joint parental income.
For combined parental income over this amount, the court may consider
either the standard guideline amount and/or other factors in determining
the child support obligation.
3. Who Pays Child Support?
All parents have a legal responsibility to support their dependent children
to the extent that they can. A parent with custody usually has most of
the day-to-day expenses of child-raising, and may be entitled to receive
child support from the other parent. This entitlement to child support
continues even if the custodial parent remarries or starts to live with
4. When Does Child Support End?
Dependent children are entitled to child support.
A dependent child is any child under the age of 21, unless:
• the child has married, or
• the child is 16 years of age or over and has voluntarily withdrawn
from parental control.
Child support might also continue after a child turns 21 years of age if
the child is unable to be self-supporting because he or she:
• has a disability or illness, or
• is still going to school full-time.
5. When to Apply for Child Support?
If children are living with a parent after their parents have separated,
the parent can apply for child support. This usually happens after a separation
that leads to divorce. I often suggest filing for child support and custody
at the same time. It is important to address these issues as soon as possible.
A parent can apply for custody and support even while living separately
under the same roof after their relationship with the other parent is over.
But usually the court will not make any order for custody and support until
one parent has actually moved out.
If you have questions about child support, call me. I will be happy to
discuss the child support guidelines with you.
As a medically-trained divorce attorney and mediator, I, along with my
litigation partner and team of experts, have been skillfully helping divorcing
couples and their families for over 35 years.
Our unique combination of legal strategy and psychological insight is very
effective when it comes to helping families to obtain child support and
successfully navigate the divorce process.
free consultations are
conveniently conducted virtually to continue to reduce risk.
We look forward to helping you and your child obtain the child support
you are entitled to!
Stay healthy and safe!
New York Divorce Attorney Lois Brenner and her litigation partner are child
support specialists!! Take advantage of a free consultation right now
to learn more!
Please call to schedule your FREE consultation today!