Child Support Lawyer in Manhattan

Child support in a Manhattan case is calculated under a specific statutory formula rather than left to a judge’s general discretion. New York’s Child Support Standards Act, codified in parallel at DRL §240(1-b) for New York County Supreme Court and FCA §413(1) for Family Court, sets out percentages of combined parental income that apply based on the number of children: seventeen percent for one child, twenty-five percent for two, twenty-nine percent for three, thirty-one percent for four, and no less than thirty-five percent for five or more children. These percentages apply up to a combined-income cap set out in Social Services Law §111-i, which the statute describes as a base figure that adjusts every two years according to a formula tied to the Consumer Price Index and published administratively. Income above the cap is addressed through statutory deviation factors, continued application of the percentage, or a combination of both, at the court’s discretion. New York law defines child support as support for an unemancipated child under the age of twenty-one, which is different from New York’s general age of majority of eighteen under DRL §2. Mr. Sris and the firm’s Of Counsel attorneys help Manhattan parents apply this formula to their specific financial circumstances. To discuss a child support matter with the firm, call (888) 437-7747.

What Child Support Means in Manhattan

New York’s Child Support Standards Act applies in parallel through two statutes: DRL §240(1-b), which governs child support determinations in New York County Supreme Court, and FCA §413(1), which governs the same calculation in Family Court. Both provisions apply the same guideline percentages to the parents’ combined income: seventeen percent for one child, twenty-five percent for two children, twenty-nine percent for three children, thirty-one percent for four children, and no less than thirty-five percent for five or more children.

These percentages apply up to a combined-income cap set out in Social Services Law §111-i. The statute establishes a base figure of $141,000 as of January 31, 2014, and provides that the cap adjusts every two years, on March 1 of each adjustment year beginning in 2016, according to a formula based on the Consumer Price Index and published administratively. Because the cap has adjusted multiple times since its 2014 base figure, the amount currently in effect is higher than $141,000, and a Manhattan parent should confirm the current figure rather than relying on the statute’s original base amount. Income earned above the applicable cap is addressed through the statutory deviation factors, continued application of the percentage, or some combination, depending on the court’s discretion.

The statute also includes a self-support reserve, a floor that protects a paying parent’s own basic support, described in the statute as a 1989 base figure of $8,065 that is revised every March 1 to track the federal poverty guideline. New York law defines child support as support for an unemancipated child under the age of twenty-one, a definition distinct from the state’s general age of majority of eighteen, established under DRL §2 for other legal purposes. A Manhattan parent calculating support obligations should keep this distinction in mind, since a child’s eighteenth birthday does not, by itself, end a support obligation.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Child Support Cases

Mr. Sris and the firm’s Of Counsel attorneys begin a Manhattan child support matter by calculating the parents’ combined income and applying the appropriate statutory percentage under DRL §240(1-b) or FCA §413(1), depending on whether the case is filed in New York County Supreme Court or Family Court. Because the guideline percentages apply only up to the income cap set out in Social Services Law §111-i, the attorneys confirm the cap’s current adjusted figure rather than relying on the statute’s 2014 base amount, since the cap has changed multiple times through its biennial adjustment mechanism.

For parents whose combined income exceeds the applicable cap, Mr. Sris and the firm’s Of Counsel attorneys evaluate how the statutory deviation factors and the guideline percentage interact, since the statute leaves the treatment of income above the cap to the court’s discretion. The attorneys also confirm the current self-support reserve figure, which protects the paying parent’s own basic support needs, when calculating a proposed support obligation.

Because New York defines child support obligations as extending to an unemancipated child under the age of twenty-one, rather than ending at the general age of majority of eighteen, Mr. Sris and the firm’s Of Counsel attorneys account for this extended obligation period when advising Manhattan parents on the likely duration of a support order. Where a case raises questions about whether a child has become emancipated before turning twenty-one, the attorneys note that the specific triggers for emancipation are addressed through case law rather than through the text of DRL §240 or FCA §413 themselves, and they review the facts of each family’s situation individually rather than applying a generic rule. The firm does not guarantee a particular support outcome in any matter.

About the Attorney

Mr. Sris, Owner and Founder of the firm, is a former prosecutor who founded the firm in 1997. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University is a foundation he has applied to complex financial cases, which is directly useful in child support matters that require detailed income calculations under DRL §240(1-b) and FCA §413(1).

Mr. Sris and the firm’s Of Counsel attorneys represent both paying and receiving parents in Manhattan child support matters, applying the Child Support Standards Act percentages to each family’s combined income and confirming the current statutory income cap and self-support reserve figures at the time a support calculation is prepared. The attorneys also assist parents whose cases involve income above the statutory cap, where the court’s discretion plays a larger role.

The firm does not offer free consultations. A prospective client may request a scheduled consultation to discuss a child support matter, whether an initial support determination or a dispute over an existing order. Case outcomes depend on the specific financial facts of each family, and the firm does not guarantee a particular support figure. Manhattan parents can reach the firm to review their child support circumstances under New York law.

Frequently Asked Questions

What percentage of income is used to calculate child support in New York?

New York’s Child Support Standards Act, applied through DRL §240(1-b) and FCA §413(1), uses a percentage of the parents’ combined income based on the number of children: seventeen percent for one child, twenty-five percent for two children, twenty-nine percent for three children, thirty-one percent for four children, and no less than thirty-five percent for five or more children. This percentage applies up to a combined-income cap set out in Social Services Law §111-i. Mr. Sris and the firm’s Of Counsel attorneys apply these percentages to a Manhattan family’s specific combined income to calculate a proposed support figure.

Is there a limit on the income used to calculate child support?

Yes. Social Services Law §111-i sets a combined-income cap, described in the statute as a base figure of $141,000 as of January 31, 2014, that adjusts every two years according to a formula based on the Consumer Price Index and published administratively. Because the cap has adjusted several times since 2014, the amount currently in effect is higher than the original base figure. Income earned above the applicable cap is addressed through statutory deviation factors, continued application of the guideline percentage, or a combination, at the court’s discretion.

Until what age is a parent required to pay child support in New York?

New York law defines child support as support for an unemancipated child under the age of twenty-one. This is different from New York’s general age of majority, which is eighteen under DRL §2 and applies for other legal purposes. A Manhattan parent’s support obligation generally continues past a child’s eighteenth birthday unless the child has become emancipated sooner. The specific circumstances that can trigger emancipation before age twenty-one are addressed through case law rather than through the text of the child support statutes themselves.

What is the self-support reserve in a New York child support case?

The self-support reserve is a statutory floor that protects a paying parent’s own basic support needs when a court calculates a child support obligation. The statute sets a 1989 base figure of $8,065 that is revised every March 1 to track the federal poverty guideline for a single person. Because this figure has been revised numerous times since 1989, the amount currently in effect is different from the original base figure. Mr. Sris and the firm’s Of Counsel attorneys confirm the current reserve figure when preparing a Manhattan support calculation.

Does it matter whether a Manhattan child support case is filed in Supreme Court or Family Court?

New York applies the same Child Support Standards Act guideline in both courts, through DRL §240(1-b) in New York County Supreme Court and the parallel provision, FCA §413(1), in Family Court. The two statutes mirror each other in how they calculate a support obligation. Which court is used often depends on whether a related matter, such as a pending divorce, is also before New York County Supreme Court. Mr. Sris and the firm’s Of Counsel attorneys advise Manhattan parents on which venue fits the facts of their case.

Does the firm offer a free consultation for child support matters?

The firm does not offer free consultations. A prospective client can request a scheduled consultation to discuss a child support matter, including how the Child Support Standards Act percentages under DRL §240(1-b) or FCA §413(1) may apply to a family’s combined income. Scheduling a consultation allows Mr. Sris and the firm’s Of Counsel attorneys to review the relevant financial documentation and discuss the applicable income cap and self-support reserve figures before advising on a proposed support calculation for a Manhattan family.

Related Pages

• Child Support Modification Lawyer Manhattan
• How Is Child Custody Decided in Manhattan
• Alimony Lawyer Manhattan
• Guardianship Lawyer Manhattan

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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