When parents get divorced, one of the primary concerns is that of child support. Unfortunately, many men often fear they will be treated unfairly during the process. This is understandable, as it can feel like the chips are stacked against husbands and fathers when it comes to family law matters, but the right team of family lawyers can level the playing field and ensure you reach a child support agreement that is fair for all. Continue reading and reach out to the seasoned Staten Island divorce lawyers here at Dow Divorce Law to learn more about how child support works in NYS, how it’s determined, and how our team effectively advocates for fathers, every step of the way.
What is Child Support Made to Cover in NYS?
One of the biggest misconceptions regarding child support is that it is only supposed to cover a child’s basic necessities. While that is partially true, the reality is that New York courts often interpret child-related expenses very broadly. Because of this, many fathers are surprised to learn just how extensive child support obligations can become, particularly in contested family law matters.
Generally speaking, child support is intended to contribute toward the financial cost of raising a child. This can include things such as:
- Food and groceries
- Clothing
- Housing expenses
- Utility bills
- Transportation costs
- School-related expenses
- Basic medical expenses
- Childcare costs
That being said, basic child support is frequently only the beginning. In many cases, courts will also order fathers to contribute toward additional expenses that go above and beyond standard monthly support payments. For example, depending on the circumstances, you may also be ordered to help pay for:
- Health insurance premiums
- Unreimbursed medical expenses
- Extracurricular activities
- Summer camps
- Educational costs
- College-related expenses in certain situations
- Childcare necessary for a parent’s employment
How is Child Support Determined in New York State?
In New York, parents are obligated to provide financial support to their children until the age of 21. A parent’s basic child support obligation is set pursuant to statutory guidelines.
Generally, the non-custodial parent will be expected to pay a set percentage of his or her pro-rata share of income, up to $63,000 of the combined adjusted gross income of both parents (unless otherwise agreed or ordered) as child support. There are situations when income in excess of $163,000 is considered. This percentage varies based on the number of children a couple has together.
Child support percentages are as follows:
- One child: 17%
- Two children: 25%
- Three children: 29%
- Four children: 31%
- Five children: no less than 35%
Each parent has a child support obligation. The custodial parent retains his or her share of the obligation for use on the child, and the non-custodial parent gives his or her share of the obligation to the custodial parent. Each parent’s share is prorated in the same proportion as each parent’s income is to the combined parental income.
Additionally, parents will likely be required to split, usually on a pro-rated basis, certain additional child-related costs, such as medical expenses, health insurance, reasonable child-care expenses, educational costs, and the cost of extracurricular activities. These expenses, called “add-ons,” must be made a part of the monthly child support obligation.
How Long Does Child Support Last in New York?
One thing many fathers are surprised to learn is that child support in New York generally lasts until a child turns 21 years old. In many other states, support obligations terminate when a child reaches the age of 18, however, New York handles these matters somewhat differently.
That being said, there are situations where child support obligations may end before a child turns 21. Generally speaking, this happens when a child becomes “emancipated.” A child may potentially become emancipated if he or she:
- Marries
- Joins the military
- Becomes financially independent
- Permanently leaves the custodial parent’s residence
- Withdraws from parental control
Of course, these situations are not always clear-cut. Simply because a child has a part-time job or spends less time at home does not automatically mean your child support obligation will terminate. In many cases, fathers continue paying child support longer than legally necessary simply because they are unaware that they may qualify for a modification or termination of support.
You should also understand that shared parenting time does not automatically eliminate child support obligations. Even if you are heavily involved in your child’s life and spend substantial time raising your child, the courts may still order you to pay support. However, parenting time absolutely matters, and fathers who maintain significant involvement in their children’s upbringing should ensure that involvement is properly reflected during support proceedings.
We Can Help Enforce Or Modify Your Child Support Order
When a non-custodial parent refuses to comply with a child support order, that order can be enforced through wage garnishment, property liens, income execution, contempt of court, and other methods. Child support arrears cannot be discharged in a bankruptcy.
On the other hand, when circumstances have changed, and a current child support order no longer reflects your current situation, you may request a modification.
If you need legal assistance to establish or enforce a child support order, or with the post-judgment modification of a New York or New Jersey child support order, we can provide the legal assistance you need to accomplish your goals.
How Do I Enforce a Child Support Agreement?
While many child support disputes involve fathers being ordered to make payments, there are also situations where fathers need to enforce an existing support order against the other parent. When a valid child support order exists and one parent refuses to comply, New York courts have several enforcement mechanisms available.
Some of the most common methods of enforcing child support orders include:
- Wage garnishment
- Income executions
- Tax refund interceptions
- Suspension of driver’s licenses
- Suspension of professional licenses
- Property liens
- Court enforcement proceedings
- Contempt actions
If the other parent refuses to comply with a valid order, the court may impose serious penalties. That being said, enforcement proceedings can quickly become complicated, particularly when disputed payment histories or undocumented financial arrangements are involved. Because of this, it is extremely important to maintain organized financial records, copies of payments, and any communication relating to child support obligations.
On the other hand, if you are a father who has fallen behind on child support payments, it is critical that you address the issue immediately rather than waiting for the situation to worsen. Many fathers fall behind after job losses, medical emergencies, business downturns, or other unforeseen financial setbacks. Unfortunately, child support arrears can accumulate very quickly, and once enforcement proceedings begin, the financial pressure can become overwhelming.
Generally speaking, courts are far more willing to work with parents who proactively seek relief than those who simply stop making payments without taking legal action.
Can I Modify a Child Support Agreement in New York?
Fortunately, in many cases, the answer to this question is yes. Life changes, sometimes dramatically so, and New York courts recognize that child support orders cannot always remain appropriate forever. Fathers frequently assume they are permanently locked into an old support order, even when their financial circumstances have changed substantially. Thankfully, that is not always the case.
Generally speaking, New York courts may allow a modification to child support if:
- There has been a substantial change in circumstances
- Either parent’s income has changed by 15% or more
- Three years have passed since the order was entered or modified
- Parenting time arrangements have significantly changed
Some common examples of situations that may warrant a modification include:
- Job loss
- Reduction in income
- Disability or illness
- Increased parenting time
- A substantial increase in the other parent’s income
- A child becoming emancipated
You should note, however, that modifications are not automatic. Until the court formally changes your support order, your existing obligation generally remains enforceable. In other words, unpaid support can continue building even while your financial situation deteriorates.
Another issue that frequently arises in these cases is voluntary unemployment or underemployment by the receiving parent. In some situations, fathers find themselves paying substantial support while the other parent intentionally avoids employment or refuses to maximize his or her earning potential. Under certain circumstances, New York courts may impute income to that parent when determining support obligations.
Contact Our Child Support Lawyers for Fathers in Staten Island Today
The lawyers here at Dow Divorce Law remain dedicated to effectively representing the interests of fathers and their families when facing matters of child support, child custody, and other family law issues. If you have additional questions about your circumstances or would like to speak with our seasoned family law team, please don’t hesitate to contact us for an initial consultation today.
