How much is child support in new york city
NYS DCSS | Custodial Parent Information
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Custodial parents are often the first to need information about child support services.
The following links provide the information most often requested by custodial parents.
- What is child support?
- What is the Child Support Program?
- Who can apply for child support services?
- What services does the Child Support Program provide?
- Is there any charge for child support services?
- How is the amount of support decided?
- What information is needed to open a case?
- What if the custodial parent moves?
- How do I contact my local child support office?
The following videos are available on YouTube:
-
What You Need to Know about Child Support Hearings and Services, 20 minutes
Explains what you should bring with you to a child support hearing, what to expect during the hearing, and what to do after you receive a child support order -
Acknowledgment
of Parentage in New York, 11 minutes
Explains when parentage needs to be acknowledged, what signing a voluntary Acknowledgment of Parentage form means, and who should (or should not) sign this form -
Reconocimiento de paternidad en Nueva York, 11 minutos
Este video informa a los padres de los beneficios de establecer la paternidad y proporciona información sobre los derechos y las consecuencias vinculadas a la firma de un AOP -
Completing the Acknowledgment of Parentage Form, 9 minutes
Explains how to complete and file a voluntary Acknowledgment of Parentage form -
Completar el formulario de reconocimiento de paternidad (AOP), 9.
5 minutos
- What is child support?
-
Child support is financial support provided by the noncustodial parent. Child support includes
- Cash payments (based on the parent's income and the needs of the child)
- Health insurance for the child (medical support)
- Payments for child care, and
- Payments for reasonable health care costs that are not covered by health insurance.
Family Court officials (Support Magistrates)determine the amount of child support the noncustodial parent will pay (see how much, below). Under New York State law, parents are responsible for supporting their child until the child is 21 years old.
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- What is the Child Support Program?
-
Every state in the United States has a child support program, and many foreign countries have one also.
The Child Support Program began in 1975, when Congress passed Title IV-D of the Social
Security Act. Title IV-D required every state to
- Establish and maintain statewide child support enforcement laws
- Provide procedures to establish legal parentage and to obtain court orders for child support
- Collect and distribute child support payments, and
- Enforce child support orders when payments are not made.
In New York State, child support services are provided by Child Support Enforcement Units (CSEU) and Support Collection Units (SCU) in every county and in New York City.
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- Who can apply for child support services?
-
Any parent, guardian, caretaker of a child, or child who needs support can apply for child support services.
Please note that anyone who applies for temporary or safety net assistance automatically receives child support services.
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- What services does the Child Support Program provide?
-
The Child Support Program offers the following services:
- Locating Non-Custodial Parents
The Child Support Program can use federal, state, and local resources and information to help locate the noncustodial parent. - Establishment of Parentage
Establishing parentage is the process of determining the legal parents of a child. Being the legal parent means that the parent has parental rights and responsibilities to the child, such as the right to seek custody or visitation and the responsibility for the child's care and support, including financial and medical support.
See the
Establishment of Parentage page for
detailed information about becoming a legal parent.
- Support Establishment
The Child Support Program can help a custodial parent file a petition in Family Court for an order of support. - Support Collection
A child support order directs the noncustodial parent to pay child support to the Support Collection Unit (SCU). The SCU collects, tracks, and disburses payments to the custodial parent. However, if the custodial parent is receiving temporary or safety net assistance, all but the first $200 of current child support payments is sent to the Department of Social Services as reimbursement for the assistance. - Support
Enforcement—Administrative
Federal and New York State laws require the local CSE unit to enforce a child support order when the noncustodial parent does not pay.
Administrative procedures are actions
the CSE unit can take without going to
court.
The SCU will enforce a child support order automatically through payroll deductions. The SCU can also collect unpaid support by taking State and federal income tax refunds and lottery winnings; seizing assets—including bank accounts; suspending driver's licenses; suspending or denying passports; and notifying credit reporting agencies of overdue child support payments (arrears). The SCU can also refer the case for collection to the New York State Department of Taxation and Finance.
- Support Enforcement—Court
When administrative enforcement is not successful, the SCU will assist in filing an enforcement petition with the family court.
The court can order money judgments for the arrears; order the
noncustodial parent into a work program; order that a hearing
take place to suspend state-issued business, professional, or occupational
licenses; or issue probation or jail sentences.
- Medical Support Establishment and
Enforcement
Child support services also include obtaining and enforcing court-ordered health insurance for children. If an existing order does not include health insurance coverage, the Child Support Program will help file a petition with family court to get health insurance included in the support order. - Review and Adjustment of Child Support
Amounts
The amount that is owed for child support may be changed over time based on a cost of living adjustment.Every two years the Child Support Program automatically reviews each child support order to determine whether the amount to be paid should be increased due to cost of living increases.
Cost of living adjustments can be made without going to court.
For non-temporary assistance or non-safety net assistance cases, a notice is sent to both parents when a case is eligible for a cost of living adjustment, and either parent may request the adjustment. When the custodial parent or child is receiving temporary or safety net assistance, the cost of living adjustment is automatically made when the case becomes eligible—without either parent requesting the adjustment.
- Modification of Child Support Orders
If either the custodial or noncustodial parent's circumstances change significantly (such as loss of job, change in custody of a child, etc.), the Child Support Program can help the parent file a petition in family court to request a modification (change) to the existing child support order.
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- Locating Non-Custodial Parents
- Is there any charge for child support services?
-
The annual service fee is now $35 and will be applied after more than $550 of support is collected and paid to the family.
Custodial parents may be charged a service fee once a year. The fee applies only when all these conditions are met.
- The custodial parent has never received assistance through the Temporary Assistance for Needy Families program (TANF).
- Child support is being paid to the family.
- More than $550 of support is collected and paid to the family during the federal fiscal year (October 1–September 30).
For more information, visit the service fee questions and answers page.
Legal services are available on request. Costs for legal services will be collected from clients who are not receiving public assistance benefits.
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- How is the amount of support decided?
-
The court uses a standard guideline to calculate what the noncustodial parent will pay, based on the noncustodial parent's adjusted gross income and on the number of children involved. The court first determines the noncustodial parent's gross income, and then makes certain deductions (including Medicare, Social Security, and New York City or Yonkers tax) to establish the noncustodial parent's adjusted gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are 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 the noncustodial parent's share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.
For the combined parental income amount over $163,000, the court may consider either the standard guideline percentages and/or other factors in setting the full child support obligation.
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- What information is needed to open a case?
-
When custodial parents call or visit their county child support agency, they should provide as much information about themselves, their child(ren), and the noncustodial parent as they can. The more information custodial parents can provide, the more quickly their child support agency can assist them.
Information about the noncustodial parent:
- full name and date of birth
- current or last known address and phone number
- current or last known work address and phone number
- Social Security number (look on old pay stubs, tax, military, or medical records)
- income information (tax records, pay stubs, bank and business records)
- health insurance information
Other helpful information:
- acknowledgment of paternity/parentage or order of filiation or judgment of parentage for each child
- marriage license
- divorce decree or separation agreement
- copies of child support orders
- custodial parent's income information (tax records, pay stubs, bank records)
- information about child-related expenses and the child's needs
Information about the child(ren):
- birth certificate
- Social Security number
- health insurance coverage information
- current or last known address (if different than custodial parent's)
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- What if the custodial parent moves?
-
If a custodial parent moves while receiving child support services, the parent must notify their county child support office of any change in home and/or mailing address, telephone number, or personal information, such as name or Social Security number.
Otherwise, support payments and other important
notices may be delayed or lost.
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- How do I contact my county child support office?
-
Get the address and telephone number of your county child support office. Most offices are open Monday through Friday, 9:00 AM to 4:00 PM.
Child Support Calculator - HRA
* Orders are paid weekly, biweekly, monthly, or bimonthly. Divide the estimated annual support amount by the frequency that applies to the way the noncustodial parent is paid.
DISCLAIMER: Use the Child Support Calculator to get an idea of how much a noncustodial parent might owe in child support in New York State. It is only an estimate and is adjusted to reduce the gross income by Medicare, FICA and local NYC taxes. The court may, under certain circumstances, deviate from the formula.
In addition, other factors are routinely considered in setting the order amount. Read the Child Support Standards Act for more information.
The Child Support Standards Act
The Child Support Standards Act was developed to ensure that child support awards in New York State were fair and consistent. The goal is to give children the same standard of living they would have if their parents were together. For more information on the law call the New York State Child Support Helpline at 888-208-4485.
| Number of Children | % |
|---|---|
| 1 | 17% |
| 2 | 25% |
| 3 | 29% |
| 4 | 31% |
| 5+ | at least 35% |
The law states that the basic support award be set at a fixed percentage of parental income, depending on the number of children for whom an order is being requested:
These percentages are applied to almost all parental earnings up to $163,000, minus Medicare, FICA and NYC tax deductions.
Child or spousal support actually paid, based on a court-order or written agreement, may also be deducted before calculating the child support order. Earnings include worker's compensation, disability payments, unemployment insurance, social security, pensions, and many other forms of income. After $163,000, the court can choose whether or not to use the percentage guidelines.
In addition to the basic support award, the child support order must include medical support, which means health insurance and payments for any out-of-pocket medical expenses for the child. Either parent may be required to provide health insurance coverage for the child, if it is available at a reasonable cost. The basic award may be increased to include a prorated share of child care expenses, if the custodial parent is working or in school. In addition, the court may increase the award to include a prorated share of educational expenses for the child.
For a more in-depth calculation, refer to the Post-Divorce Maintenance/Child Support – Online Calculator, maintained by the New York State Family Court.
New York State laws protect low-income noncustodial parents:
- If the noncustodial parent's income is below the Federal Poverty Level ($12,140 for 2018), the child support order may be established at $25 per month and the amount of arrears will be capped at $500.
- If the noncustodial parent’s income is below the New York State Self-Support Reserve ($18,347), the child support order may be established at $50 per month.
Other Resources
- Office of Child Support Services Home Page
- Information for Custodial Parents
- Information for Noncustodial Parents
- Information for Parents
- Handbook for Custodial Parents
- Handbook for Noncustodial Parents
- OCSS Locations
- New York State Income Withholding Calculator for Employers
Alimony lawyer in New York. Alimony for the maintenance of a child
Today, in all states, the procedure for assigning amounts for the maintenance of a child (alimony) is established by law.
To avoid prejudice and to protect the equal rights of children, the federal government has established child support guidelines that are mandatory for all states. States, in turn, have the right to make more specific recommendations to established principles.
Income
One of the main guidelines for determining child support is income. This takes into account the gross or net income of both parents, and from the percentage is calculated the amount that each parent must pay as alimony.
Deductions
If one of the parents has already been ordered by the court to pay child support and he pays it regularly, then the amount of this child support is subject to deduction when determining his income for the purposes of determining the amount of new support. However, this rule is valid only for the establishment of new alimony, it is not possible to revise the previous established amount of alimony taking into account new alimony.
Childcare expense
The government also determines the amount that parents must spend on childcare. Usually, this amount is calculated taking into account the mandatory taxes that the parent pays. However, some states provide benefits to parents who pay child support and exempt them from taxes on their income.
Health care expense
Among other things, when determining the amount of child support, great attention is paid to the coverage of the child's health insurance. When support is approved, the amount needed to pay off health insurance is included in the main amount of support. Some states also account for emergency medical expenses as well as incidental medical expenses.
Other expenses
The amount of support can also be increased taking into account other expenses. Other expenses usually include specific expenses that are specific to each individual case. Such expenses include the cost of educating children with disabilities or gifted children.
Usually such expenses are divided between the parents proportionally and are included in the amount of alimony.
Shared Custody and Visitation
The judge tries to take into account the time the child spends with either parent when setting the amount of child support. The more a parent is allowed to spend with a child, the more child support is assigned. For example, if a child is assigned joint custody, the amount of child support will be significantly less than if the child has a single guardian for short visits.
The use of guidelines in determining the amount of alimony is not only aimed at protecting the rights and interests of children, but also calculated on the fair distribution of material responsibilities between parents. However, there are situations in which the amount of child support established is greater than or less than the amount determined by the guidelines. In this case, litigation is required to establish mitigating factors.
Our law office will provide you with quality legal assistance in all matters of family law.
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