Child Support Attorney in New York
Guidance on establishing, modifying, and enforcing child support obligations for families in New York City and surrounding counties.
How Child Support Is Determined
New York uses a statutory guideline formula to calculate child support. The courts consider:
- Combined parental income of both parents
- The percentage of time the child spends with each parent (custody arrangement)
- Additional factors: age of children, special needs, childcare costs, health insurance
- The number of children requiring support
The guideline formula is straightforward, but income calculations can be complex. We help you understand how the court will view your income and what support amount is likely. We also review any deviations the court may order based on circumstances.
When Child Support Can Change
Child support orders can be modified when there is a substantial change in circumstances. Common triggers include:
- Job loss or significant income decrease
- Promotion or significant income increase
- Change in custody or parenting time
- Additional children born to either parent
- Changes in childcare or special needs expenses
The court does not automatically adjust support—you must petition for modification. We help you file the petition and present evidence of the changed circumstances. Modifications can be retroactive to the date of filing, making early action important if circumstances have changed.
Enforcing Orders and Addressing Arrears
If Support Is Not Being Paid
If the payor is behind on support, we help you file a violation petition. The court can order catch-up payments, wage withholding, or other enforcement measures. Do not wait—arrears accumulate and can be harder to collect later.
Wage Withholding and Enforcement Tools
We work with the Support Collection Unit (SCU) or file directly for wage withholding (garnishment). This is often the most effective way to ensure regular payment.
Modification if You Cannot Afford Current Support
If you are the payor and circumstances have changed, file for modification before falling behind. Arrears are serious and can lead to license suspension and credit damage.