Enforcing Child Support in New York | What You Should Know

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It should go without saying that it is the parents’ responsibility to support their children until they reach the age of emancipation, which in New York is 21 years. Sometimes, parental obligation extends beyond that point. All that said, your former spouse has not been meeting his or her financial obligations as decreed by the Family Court of New York. If you require assistance in ensuring that your former spouse pays his or her fair share, please read on, then contact an experienced Suffolk County child support attorney to learn what you should know about enforcing child support in New York.

How does New York calculate child support?

The Empire State employs a fairly straightforward metric. Based on a couple’s combined gross income, i.e. the amount earned before taxes and deductions, a percentage will be calculated based on the number of children. The percentages are as follows:

  • 17% for 1 child
  • 25% for 2 children
  • 29% for 3 children
  • 31% for 4 children
  • 35% for five or more children

How do you enforce child support in New York?

If one parent does not pay what they are legally required to, the other parent or the Support Collection Agency can file a support violation petition in Family Court. If the child receives public assistance, food stamps or Medicaid, the Department of Social Services may file the petition. Should the Family Court approve your petition, the non-paying parent may face the following penalties:

  • Wage garnishments
  • Wage assignments
  • Contempt of court decrees
  • Seizure of the non-payer’s property by writ of execution

In extreme cases, the court may issue an arrest warrant if the noncustodial parent fails to appear in court for a violation hearing or falls seriously behind in child support payments. In such cases of willful nonpayment of child support, the delinquent parent may go to jail for up to six months.

How can a Suffolk County family law attorney help you enforce child support in New York?

While New York’s Department of Child Support Enforcement can help enforce child support, you should reach out to a skilled Suffolk County, NY family law attorney who will file the correct paperwork and attend a hearing on your behalf. These matters may seem simple, but mistakes can be costly. If nothing else, they are time-consuming. A legal representative can fully apprise you of your rights and responsibilities. Our firm will also provide you with an honest assessment of your case and its likelihood of success. These cases can languish. Do not let yours be one of them. Give us a call today.


Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation 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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