Child Support in New York

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Another important part of a legal process after a couple goes through a divorce is the issue of child support. While one parent may have physical custody of their child, the other parent is still required to financially support their child(ren). Child support is payments made by the non-custodial parent in order to continue to care for their child after the divorce. This is because childcare is too costly for just one parent to handle on their own. The payments that are made are to be used solely for child-related matters.

NYS Child Support Standards Act

There is not a “one size fits all” solution when determining child support for a family. In order to make the best decisions for families throughout the state, the courts follow the guidelines of the New York state Child Support Standards Act. These calculations consider a number of things that allows the court to come to a decision for a family. In order to maintain a standard that the child is accustomed to, the guidelines follow a percentage system. It takes a percentage of the parents’ combined income and distributing it in proportion to an income of $80,000. The act came to the following conclusion:

  • One child – 17%
  • Two children – 25%
  • Three children – 29%
  • Four children – 31%
  • Five or more children – no less than 35%

Other factors that go into the decision of child support may be: which parent has physical custody, earning capacity, income, debts/assets, taxes, age, health, and more.

When Does Child Support Stop?

A parent is only required to pay child support until the child reaches a certain age. In most cases, the state of New York presumes child support to end when a child turns 21 years old. While this is true in most cases, there are some exceptions. These circumstances are subject to change depending on the family. When a child is deemed financially independent, parents are no longer required to support them. If a parent wishes to prove this, a court may rule to end support payments.

Child support payments may also continue if the child decides to seek higher education. In this case, a court may extend support payments until the child graduates from college.


If you or a family member is seeking representation for a child support case, contact The Law Offices of Susan A. Kassel, P.C. today.

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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