Child Support Attorney in New York, NY
Calculating, Enforcing, and Modifying Child Support Across New York City
Child support is one of the most financially significant outcomes of any family law matter in New York. Whether you are a custodial parent seeking an order, a non-custodial parent facing a support obligation, or either parent dealing with enforcement or a change in circumstances, the decisions made in your case will shape your family’s finances for years. At Iniguez Law Group, PLLC in New York, NY, we help parents understand exactly how New York’s child support system works and we advocate for outcomes that are fair, accurate, and in the best interests of your child.
Attorney James E. Iñiguez has handled child support matters for New York families since 1996 and has been recognized as a Super Lawyer every year from 2020 through 2025. We serve clients across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, Yonkers, White Plains, and New Rochelle. Se Habla Español. Call
(212) 406-4991 to schedule a confidential consultation.
How Child Support Is Calculated in New York
New York uses the Child Support Standards Act (CSSA) to calculate child support obligations. The formula is based on combined parental income and applies a fixed percentage depending on the number of children involved. Understanding how this formula works and where it can be challenged, is essential before any child support order is finalized.
The CSSA Formula
Under the CSSA, the court first calculates each parent’s gross income, then combines both incomes to arrive at a combined parental income figure. A statutory percentage is applied to that combined income to determine the basic child support obligation:
| Number of Children | CSSA Percentage | Applied To |
|---|---|---|
| 1 child | 17% | Combined parental income |
| 2 children | 25% | Combined parental income |
| 3 children | 29% | Combined parental income |
| 4 children | 31% | Combined parental income |
| 5+ children | 35% or more | Combined parental income |
The non-custodial parent’s share of the basic obligation is then calculated proportionally, based on their percentage of the combined income. For example, if the combined parental income is $120,000 and the non-custodial parent earns $80,000 (two-thirds of combined), they would be responsible for two-thirds of the basic obligation.
The Income Cap
The CSSA applies its percentage to combined parental income up to a statutory cap, which is adjusted periodically (as of 2024, the cap is $163,000). For income above the cap, the court has discretion to apply the formula or use a needs-based analysis. In high-income cases, this discretionary zone can become one of the most contested aspects of the support calculation and having an experienced attorney who understands how New York courts exercise that discretion can significantly affect the outcome.
Add-On Expenses
Beyond the basic support obligation, New York courts routinely add mandatory and discretionary expenses to a child support order. Mandatory add-ons include childcare costs necessary for a parent to work or attend school, and the child’s health insurance premiums. Discretionary add-ons may include educational expenses, tutoring, extracurricular activities, and unreimbursed medical expenses. These are typically allocated between the parents in proportion to their respective incomes. Our attorney ensures that every expense is properly accounted for, neither overstated nor overlooked.
Deviation from the Formula
A court may deviate from the CSSA formula when applying it would be unjust or inappropriate given the circumstances of the case. Grounds for deviation can include the financial resources of the custodial household, the standard of living the child would have enjoyed if the family remained intact, the non-monetary contributions of each parent, the independent financial resources of the child, and extraordinary expenses such as significant medical or educational needs. Any deviation must be supported by written findings explaining why the formula result would be unjust. Our attorney evaluates whether deviation arguments are available in your case, in either direction.
Child Support Enforcement in New York
When a parent fails to pay court-ordered child support in New York, the law provides powerful tools to compel payment and recover arrears. Custodial parents do not have to tolerate non-payment, enforcement mechanisms are available and our attorney pursues them aggressively on your behalf.
Income Execution (Wage Garnishment)
Income execution is the most common enforcement tool in New York. The court issues an order that requires the non-paying parent’s employer to withhold the support obligation directly from their paycheck before it reaches the parent. This happens automatically in most New York support orders; the paying parent does not need to default first. If the parent is self-employed or has no employer, income execution can be directed at other income sources including rental income, freelance payments, and bank accounts.
License Suspension
New York can suspend a non-paying parent’s driver’s license and professional or occupational licenses when support is four or more months in arrears. This is a significant enforcement lever, the loss of a driver’s license or professional credential directly affects the parent’s ability to earn income, which in turn creates pressure to resolve the arrears. The suspension can be lifted once the delinquency is addressed. Our attorney also assists non-custodial parents who are facing license suspension and need to negotiate an arrears payment plan to restore their credentials.
Contempt of Court
A parent who willfully fails to pay child support can be held in contempt of court. A contempt proceeding is initiated by filing a petition in Family Court. If the court finds the non-paying parent in willful contempt, consequences can include fines, mandatory payment of the arrears and the petitioning parent’s attorney fees, and in serious cases, a jail sentence of up to six months. Contempt proceedings put significant pressure on non-paying parents and are often the most effective route when other enforcement tools have failed. Our attorney prepares and files contempt petitions efficiently, keeping the proceeding focused on the outcome you need.
Additional Enforcement Tools
New York’s Support Collection Unit (SCU) also has authority to seize tax refunds and other government benefits owed to the non-paying parent, report delinquencies to credit bureaus, and intercept lottery winnings. These tools operate largely automatically once the case is registered with the SCU. Our attorney ensures your support order is properly registered and that you understand which tools are available and when to use them.
Modifying Child Support in New York
Child support orders are not permanent. As circumstances change, the support obligation can be adjusted, upward or downward, through a modification petition filed in Family Court. Understanding when and how to seek a modification is a critical part of managing your child’s support obligations over time.
The Three-Year Rule
Under New York law, a child support order can be modified if three years have passed since the order was entered or last modified, even without any change in circumstances. This is known as the three-year rule. It gives both parents a straightforward path to seek a recalculation of the support obligation based on current income, without needing to prove anything beyond the passage of time. If income has risen significantly since the original order, the custodial parent can use the three-year rule to seek an increase. If income has fallen, the non-custodial parent can use it to seek a reduction.
Substantial Change in Circumstances
Outside the three-year window, a modification requires demonstrating a substantial change in circumstances. Common qualifying changes include:
- A significant increase or decrease in either parent’s income, New York courts generally look for a change of 15% or more, though this is a guideline, not a bright-line rule
- Job loss, a career change, or a change in employment status (such as moving from full-time to part-time work)
- A substantial change in the child’s financial needs, such as new medical, educational, or therapeutic expenses
- A change in custody or parenting time arrangements that affects the financial balance between the parents
- The emancipation of one child when a multi-child order was in effect
Modifications are not automatic, a petition must be filed in Family Court and the court must approve the change. Until a modification is granted, the existing order remains in full force. Our attorney files modification petitions promptly and builds the strongest possible record in support of your request.
Child Custody and Child Support: Related but Separate
Child support and child custody are closely related, custody arrangements directly affect the child support calculation, and modifications to parenting time can trigger a support review. If you also need representation in a custody matter, Iniguez Law Group handles both areas of practice. Visit our dedicated child custody attorney page for information on custody hearings, legal vs. physical custody, the best interests’ standard, and custody modifications in New York.
What Our Clients Say
“James is a very effective family lawyer. He understands the court language, procedures, and methods that defendants will need to obtain a good verdict. James is a straightforward, honest attorney so he won’t take you around endless processes if he doesn’t consider your case is favorable for you. Definitely hire him.”
— Sergio C.
Family law
“Mr. Iñiguez was invaluable during my divorce. He was always professional, honest and responsive. His knowledge and guidance helped me through very difficult times, plus the legal fees were always fair. I would recommend Mr. Iñiguez 100%.”
— Mel A. Divorce / family law
FREQUENTLY ASKED QUESTIONS
Q: How is child support calculated in New York?
A: New York uses the Child Support Standards Act (CSSA) formula, which applies a fixed percentage to the combined gross income of both parents. The percentages are: 17% for one child, 25% for two children, 29% for three, 31% for four, and at least 35% for five or more. The combined income is calculated up to a statutory cap (adjusted periodically, $163,000 as of 2024); income above the cap is subject to the court’s discretion. Each parent’s share of the basic obligation is then allocated in proportion to their respective income contributions. Beyond the basic amount, courts add mandatory expenses, childcare costs and health insurance premiums and may add discretionary expenses such as educational costs and extracurricular fees. Our attorney reviews the full income picture and all applicable add-ons to ensure the support order accurately reflects your actual financial situation.
Q: Can child support be modified in New York?
A: Yes. New York child support orders can be modified through two pathways. First, under the three-year rule, either parent can petition for a modification simply because three years have passed since the order was entered or last modified, no additional change in circumstances is required. Second, outside the three-year window, a substantial change in circumstances, such as a significant change in either parent’s income, a job loss, a change in the child’s needs, or a change in custody arrangements, can support a modification petition. It is critical to understand that a modification is not automatic: you must file a petition in Family Court, and the existing order remains in full force until the court grants a change. Attempting to informally reduce payments without a court order can result in an accumulation of arrears that are very difficult to eliminate. Our attorney files modification petitions promptly and represents clients at all modification hearings.
Q: What happens if a parent doesn’t pay child support in New York?
A: New York provides custodial parents with powerful enforcement tools when a non-custodial parent fails to pay court-ordered child support. Income execution (wage garnishment) allows the court to direct the paying parent’s employer to withhold support automatically from each paycheck. If the parent is four or more months in arrears, their driver’s license and professional licenses can be suspended. The delinquency is typically reported to all major credit bureaus, which can affect the non-paying parent’s ability to obtain credit, housing, and employment. Tax refunds and certain government benefits can be seized and applied toward arrears. In cases of willful non-payment, the parent can be held in contempt of court, which can result in fines, attorney fee awards, and in serious cases, a jail sentence of up to six months. Our attorney assists custodial parents in pursuing all available enforcement remedies and also represents non-custodial parents who are facing enforcement and need to address arrears before consequences escalate.
Speak With a New York Child Support Attorney Today
Whether you need a support order established, enforced, or modified, Iniguez Law Group, PLLC has the experience to guide you through New York’s child support system. We handle everything from initial CSSA calculations to contempt proceedings, clearly, efficiently, and with your child’s long-term wellbeing as the priority. Call (212) 406-4991 or contact us online to schedule a confidential consultation.
Se Habla Español. Serving Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, Yonkers, White Plains, and New Rochelle.
