Westchester Child Support Lawyers

Helping Families in New York

When you are going through a divorce, one of the most important issues to address is determining how much child support your family will need. Child support is a critical part of the divorce process because it helps ensure that your children’s financial needs are met.

At Berkman Bottger Newman & Schein, P.C., we understand the complexities of child support and how it can affect your divorce, your children, and your family. Our New York child support lawyers can help you determine how much child support will be necessary and how it will be paid.

We are dedicated to helping you and your children move on from the pain of divorce and transition into new lives. 

Call (914) 350-5329 or fill out our online contact form today to schedule an initial case review.

How is Child Support Calculated in New York?

The New York State Child Support Standards Act lays out the basic formula for how much child support will be paid. There are two types of child support: (1) basic child support (food, shelter, clothing), and (2) add-on expenses (this is a percentage that each parent is required to contribute towards the children’s expenses such as unreimbursed medical expenses, child care, and education) This formula takes into account the parents' incomes and how much time the child spends with each parent (i.e., who is the custodial vs. non-custodial parent). 

Child support is calculated based on a percentage of the combined parental income: 

• 1 child= 17%
• 2 children= 25%
• 3 children = 29%
• 4 children = 31%
• 5+ children = 35%+

The court would look to the combined parental income and each parent’s pro-rata share of same. The formula also provides that the court is to consider the combined parental income up to $193,000 (the “statutory cap”). This is a number that is adjusted every few years to account for inflation and the costs of living adjustment. However, if the combined parental income is substantially higher than $193,000, the court can “deviate” and apply a higher cap. 

When parents cannot agree on how much child support should be paid, a judge may determine how much is necessary based on the child support guidelines. Parents can ask a judge to modify child support if their income changes or if other special circumstances exist. Parents can also ask a judge to end child support early if the child turns 18 and no longer lives with either parent.

When Does Child Support End?

In New York, child support typically ends when the child reaches the age of 21. However, there are certain circumstances under which child support may end earlier or continue beyond the age of 21. For example, if a child is still in college at the age of 21, the child will emancipate (for purposes of a child support obligation) at age 22, or if a child has a physical or mental disability and requires continued support, child support may extend beyond age 21. Additionally, a child can emancipate earlier if they enroll in the military, get married, or become self-supporting. Parties may agree to extend or terminate child support beyond the age of 21 through a written agreement or court order.