Child Support Lawyer New York
New York calculates basic child support using a percentage-based formula tied to the parents’ combined income and the number of children involved, applied through parallel provisions in the state’s Domestic Relations Law and Family Court Act. Whether a support matter is proceeding in Supreme Court as part of a divorce or in Family Court as a standalone support case, the same underlying formula generally applies. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys represent parents on both sides of child support matters across New York, including establishing a new support order and addressing how the formula applies to a family’s specific income situation. Because the formula’s percentages apply to combined parental income only up to a statutory cap, and because that cap adjusts periodically rather than remaining fixed, the calculation involves more than simply multiplying a percentage by a paycheck. This page addresses the guideline formula generally; the amount that applies to a specific family depends on the parents’ actual income and circumstances. Call (888) 437-7747 to discuss a child support matter.
What Child Support Means in New York
New York’s Child Support Standards Act, commonly called the CSSA, sets the basic child support formula in two parallel statutes: N.Y. Dom. Rel. Law § 240(1-b), which applies in Supreme Court matrimonial actions, and N.Y. Fam. Ct. Act § 413(1), which applies in Family Court support proceedings. Both statutes use identical percentages and definitions. The basic child support percentage of combined parental income is 17 percent for one child, 25 percent for two children, 29 percent for three children, 31 percent for four children, and no less than 35 percent for five or more children. The court applies the applicable percentage to the parents’ combined income and prorates the resulting basic support obligation between the parents according to each parent’s share of that combined income.
This percentage applies to combined parental income up to a cap set in N.Y. Soc. Serv. Law § 111-i, which states a base figure of $141,000 as of January 31, 2014, and directs that the cap increase every two years according to a Consumer Price Index-based formula, rounded to the nearest $1,000. The currently applicable cap, published administratively rather than stated as a fixed number in the statute itself, is higher than that original base figure. For combined income above the applicable cap, the court determines support on the excess using statutory deviation factors, the same percentages, or both, in its discretion. The CSSA defines child support as support for an unemancipated child under the age of twenty-one, a different threshold than New York’s general age-of-majority definition of eighteen found elsewhere in the Domestic Relations Law. Both statutes also list deviation factors a court may apply to vary from the formula amount based on the family’s specific circumstances, so the percentage-based calculation is a starting point rather than an automatic final number in every case.
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 child support matter by identifying each parent’s income under the CSSA’s definitions, since the formula in N.Y. Dom. Rel. Law § 240(1-b) and N.Y. Fam. Ct. Act § 413(1) depends on an accurate combined-income figure. Where a parent is self-employed, has variable income, or has income from sources beyond a regular paycheck, the firm’s Of Counsel attorneys work to document that income properly before applying the statutory percentage, since an inaccurate income figure changes the resulting support calculation.
Once combined income is established, the firm’s Of Counsel attorneys apply the applicable percentage for the family’s number of children, confirm how that combined income compares with the current published income cap, and evaluate whether the family’s circumstances support requesting a deviation from the formula amount, whether upward or downward, based on the statutory deviation factors. Mr. Sris and the firm’s Of Counsel attorneys represent parents seeking to establish support, parents responding to a support petition, and parents navigating support alongside a divorce or a custody matter, since child support is frequently resolved together with those other issues. Whether a matter is proceeding in Supreme Court as part of a divorce action or in Family Court as a standalone proceeding, the firm’s Of Counsel attorneys prepare the income documentation and factual record the applicable court will expect, and advise clients on how the formula and any deviation factors are likely to apply to their specific family situation before the matter is presented to the court.
About the Firm
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. His background from George Mason University in accounting and information systems has been applied to complex financial matters the firm has handled, including child support cases involving self-employment income, business ownership, and other non-salary income sources. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
In child support matters, Mr. Sris and the firm’s Of Counsel attorneys work through the CSSA formula in N.Y. Dom. Rel. Law § 240(1-b) and N.Y. Fam. Ct. Act § 413(1) with clients, explaining how combined income, the applicable cap, and the statutory deviation factors interact in a given family’s case. The firm’s Of Counsel attorneys contract directly with the firm.
Parents with a question about establishing or responding to a child support obligation can request a consultation to discuss their income situation and family circumstances. The intake line is staffed for 24/7 phone intake. Mr. Sris and the firm’s Of Counsel attorneys do not guarantee any particular support outcome; the amount of support depends on the statutory formula, the applicable factors, and the court’s determination on the facts presented.
Frequently Asked Questions
What percentage of income is used to calculate child support in New York?
Under N.Y. Dom. Rel. Law § 240(1-b) and N.Y. Fam. Ct. Act § 413(1), the basic child support percentage of combined parental income is 17 percent for one child, 25 percent for two children, 29 percent for three children, 31 percent for four children, and no less than 35 percent for five or more children. The applicable percentage is applied to the parents’ combined income and prorated between the parents according to each parent’s share of that income.
Is there a cap on the income used for the child support formula?
Yes. The CSSA percentages apply to combined parental income up to a cap set in N.Y. Soc. Serv. Law § 111-i, which states a base figure of $141,000 as of January 31, 2014, adjusted every two years by a Consumer Price Index-based formula. The current published cap is higher than that original figure. For combined income above the applicable cap, the court addresses the excess using statutory deviation factors, the percentages, or both, in its discretion.
Until what age is a parent required to pay child support in New York?
The CSSA defines child support as support for an unemancipated child under the age of twenty-one, under both N.Y. Dom. Rel. Law § 240(1-b) and N.Y. Fam. Ct. Act § 413(1). This differs from New York’s general age-of-majority definition of eighteen, which applies for other purposes. Support can also end earlier if a child becomes emancipated, such as through marriage or full self-support, before turning twenty-one.
Can a New York court deviate from the CSSA formula amount?
Yes. Both N.Y. Dom. Rel. Law § 240(1-b) and N.Y. Fam. Ct. Act § 413(1) list deviation factors a court may apply to vary the formula amount based on a family’s specific circumstances, such as the children’s needs, each parent’s resources, and other factors identified in the statutes. A deviation can move the support obligation above or below the percentage-based figure the formula would otherwise produce, depending on which factors are present in a given case and how the court weighs them.
Does it matter whether my case is in Supreme Court or Family Court?
The CSSA formula itself is the same regardless of court. N.Y. Dom. Rel. Law § 240(1-b) applies in Supreme Court matrimonial actions, such as a divorce, while N.Y. Fam. Ct. Act § 413(1) applies in Family Court support proceedings that are not part of a divorce. Both statutes use identical percentages, income definitions, and deviation-factor structures, so the venue affects the procedural path more than the underlying support calculation.
What counts as “income” for New York child support purposes?
The CSSA defines income broadly, starting from federal-tax gross income and adding items such as investment income, deferred compensation, workers’ compensation, disability benefits, unemployment benefits, Social Security, veterans’ benefits, pension and retirement income, and spousal maintenance received, while allowing enumerated deductions such as maintenance actually paid, FICA taxes, and certain New York City or Yonkers income tax. Because this definition is broader than take-home pay, the income figure used in the formula can differ from what a parent might otherwise assume.