What New York child support actually covers and who decides the amount

Child support in New York is a court order requiring one parent to pay the other parent money to help cover a child's living costs. The amount is not negotiable between parents — a judge or hearing officer calculates it using a formula set by New York State law. The paying parent (called the "obligor") sends money to the receiving parent (called the "obligee"), usually through the state's payment system, not directly.

The formula accounts for both parents' income, the number of children, and custody arrangement. New York calls this the "child support standard." If both parents earn under a certain income cap (which changes yearly), the judge applies the percentage formula to their combined income. If one or both parents earn above the cap, the judge has discretion to order more or less support.

Child support covers food, housing, clothing, education, and childcare costs — not medical insurance, which is handled separately. The order stays in place until the child turns 21, graduates high school (whichever is later), or dies. If circumstances change significantly — a job loss, a second child born to the obligor, or a custody shift — either parent can ask the court to modify the order.

Key Takeaways

  • New York calculates child support using a state formula based on both parents' income, not on what parents agree to pay.
  • The paying parent sends money through the state's payment system (the Child Support Collection Unit), which tracks payments and enforces the order.
  • Child support covers basic living expenses and continues until the child turns 21 or finishes high school, whichever is later.
  • Either parent can request a modification if income changes by 10 percent or more, or if custody or childcare costs shift significantly.
  • Medical insurance is ordered separately from child support and is the responsibility of the parent with better access to coverage.

How the court calculates the amount you owe or receive

New York starts with the "combined parental income" — both parents' gross income from all sources (wages, self-employment, bonuses, rental income, disability benefits). The court then applies a percentage to that combined income: 17 percent for one child, 25 percent for two, 29 percent for three, 31 percent for four, and 35 percent for five or more.

The percentage is split between parents based on their share of the combined income. If one parent earns 60 percent of the combined income and the other earns 40 percent, the first parent pays 60 percent of the calculated support amount. The parent with primary custody (more than 50 percent of the time) typically receives the full amount, though the non-custodial parent's obligation is reduced slightly if they have the child overnight more than 30 percent of the time.

As of 2024, the income cap is $163,000 per year. Income above that cap is discretionary — the judge can order support on the excess income or decline to. The judge must state reasons in writing if they deviate from the formula, either ordering more or less than the formula suggests.

Who enforces the order and what happens if someone does not pay

The New York State Child Support Collection Unit (CSCU) is the enforcement arm. When an order is issued, payments are sent to CSCU, which records them and forwards money to the receiving parent. This system creates an automatic record of every payment, which protects both parents.

If the obligor falls behind, CSCU can take action without the receiving parent having to go back to court. CSCU can intercept tax refunds (state and federal), garnish wages directly from the employer, place a lien on property, suspend a driver's license, or report arrears to credit bureaus. If arrears reach $1,000 or more, CSCU can also seek criminal prosecution for willful non-payment, though this is rare and usually reserved for cases where the obligor has the ability to pay but refuses.

The obligor can request a hearing to show they cannot pay due to job loss, illness, or other hardship. A judge can temporarily lower or suspend the order, but the arrears (back support owed) do not disappear — they remain a debt that can be collected later when circumstances improve.

How to start a child support case or modify an existing order

To start a new case, the receiving parent (or the state, if the family receives public assistance) files a petition with the Family Court in the county where the child lives or where the other parent lives. The petition includes basic information: names, addresses, income details, custody arrangement, and the amount of support being sought. There is a filing fee, though it can be waived if the family cannot afford it.

The court then serves the other parent with notice of the case. Both parents are required to attend a hearing. At the hearing, each parent presents income documentation (pay stubs, tax returns, business records) and the judge or hearing officer applies the formula. The order is issued and sent to both parents and to CSCU.

To modify an existing order, either parent files a modification petition. New York allows modification if there has been a "substantial and continuing" change in circumstances — usually defined as a 10 percent or more change in either parent's income, a change in custody, or a significant change in childcare costs. The court reviews the current income of both parents and recalculates the support amount. If the new amount differs by more than $25 per month, the order is modified.

What documents you need and where to file

To start a case, you will need: the other parent's name and address, your own income documentation (recent pay stubs or tax returns), proof of the child's birth (birth certificate), and proof of custody or living arrangement (school records, lease, or affidavit). If the other parent's income is unknown, you can still file — the court will order them to provide it, and if they do not, the judge can impute income (assign an income based on their work history or earning capacity).

File the petition at the Family Court in your county. You can file in person, by mail, or through the court's website in some counties. The filing fee varies by county but is typically $50 to $100; ask the clerk about fee waivers if you cannot afford it. After filing, the court will schedule a hearing, usually within 30 to 60 days.

To modify an order, file a modification petition at the same Family Court. Bring current income documentation and any evidence of the change in circumstances (job termination letter, new pay stub, custody agreement change, childcare invoices). The court will schedule a hearing to review the modification request.

Medical insurance and other costs beyond the base support amount

Child support covers basic living expenses, but medical insurance is ordered separately. The court directs the parent with better access to health insurance (usually through an employer) to cover the child. If that parent's insurance costs more than 3 percent of their gross income, the other parent may be ordered to reimburse part of the premium.

Unreimbursed medical expenses (copays, deductibles, dental, vision, therapy) are typically split between parents in proportion to their income. The receiving parent usually pays the bill first and then seeks reimbursement from the obligor. Childcare costs related to work or school are also split proportionally and added to the base support calculation.

College expenses are not automatically covered by child support in New York. However, either parent can petition the court to order the other parent to contribute to college costs if the child attends a public or private college. The court has discretion to order contribution based on the parents' income and ability to pay.

What happens when circumstances change significantly

If the obligor loses a job, their income drops, or they have a new child with another partner, they can request a modification hearing. The court will review the new circumstances and recalculate support. If income has dropped by 10 percent or more, modification is usually granted. If the obligor is unemployed, the judge may order support based on "imputed income" — an income level the judge believes the obligor could earn based on work history, education, or job market conditions — rather than reducing support to zero.

If the receiving parent's circumstances improve (they remarry, their income increases significantly, or custody changes), the obligor can also petition for modification. A shift in custody — for example, the child moving to live with the obligor — can result in a substantial reduction or reversal of the support obligation.

Either parent can request a modification hearing at any time, but the court will only grant it if circumstances have changed substantially. Filing a modification petition does not automatically stop the current order; the obligor must continue paying at the current rate until a new order is issued.

Frequently Asked Questions

Can I get child support if the other parent is self-employed or has irregular income?

Yes. Self-employed parents must provide tax returns and business records showing actual income. If income is irregular or the obligor refuses to provide documentation, the judge can impute income based on the obligor's education, work history, or the average income for similar work in your area. Imputed income is often higher than what the obligor claims to earn.

What if the other parent lives out of state?

New York can still enforce an order against an out-of-state obligor through the Uniform Interstate Family Support Act (UIFSA). CSCU can work with the other state's child support agency to garnish wages, intercept tax refunds, or suspend licenses. You do not need to travel to the other state to enforce the order; New York handles it.

Does child support stop if the obligor goes to jail?

The support obligation does not stop, but it may be temporarily suspended if the obligor is incarcerated and has no income. However, arrears continue to accumulate. Once released, the obligor is responsible for both current support and back support owed. If the obligor was jailed for non-payment, they may be released only after demonstrating they can pay or after a judge finds they were unable to pay.

Can I collect child support if the parents were never married?

Yes. Unmarried parents have the same child support rights as married parents. If paternity has not been established, the receiving parent can file a petition to establish paternity (through DNA testing if necessary) and then file for child support in the same case. The process is the same as for married parents.

What if I disagree with the judge's decision?

You can appeal the decision to the Appellate Division of the Supreme Court within 30 days of the order. Appeals are complex and usually require an attorney. You must show the judge made a legal error or that the decision was not supported by the evidence. Simply disagreeing with the amount is not grounds for appeal.