New York Child Support Enforcement Process

The process starts when the custodial parent files a petition for child support with the Family Court. This petition must clearly identify the parties involved and provide details such as the amount of support sought, the duration of payments, and whether past unpaid support is being requested.

Details commonly included in the petition are:

• The child’s age and educational needs
• The parents’ current financial situations
• Any previous agreements or court orders
• Documentation of expenses related to the child

Once the petition is served, the non-custodial parent (the respondent) has 30 days to submit a formal response. The response may agree to, modify, or contest the proposed support terms.

The respondent may present evidence showing their income, job status, or reasons for disputing the request. Supporting documents like W-2s, pay stubs, or proof of medical or educational expenses may be critical.

If there is no agreement between the parties, the Family Court sets a hearing date. A judge will evaluate:

• Each parent's income and assets
• The cost of childcare, schooling, and health coverage
• The child’s age and special needs, if any

The court may also schedule a mediation session to encourage voluntary agreement. If that fails, the judge will issue a binding support order.

After reviewing all evidence, the judge determines the amount and duration of child support. The order will include:

• Monthly payment amounts
• Payment method (e.g., income withholding)
• Penalties for late or missed payments

Once issued, the order carries full legal force. Non-compliance can lead to enforcement actions, including wage garnishment or driver’s license suspension.

If the non-custodial parent fails to comply, the custodial parent can apply for enforcement through:

• Seizure of bank accounts or tax refunds
• Property liens or asset liquidation
• Contempt of court proceedings

These enforcement measures are essential tools to secure the child’s right to support.

Under the New York Child Support Standards Act (CSSA), the combined parental income is used as the base. A fixed percentage is applied:

• 17% for one child
• 25% for two children
• 29% for three children
• 31% for four children
• 35% or more for five or more children

Deductions may be made for Social Security, Medicare, or other mandatory withholdings.

To illustrate how this works in practice, here is a simplified chart:

Estimated Monthly Child Support per Child
(Based on combined parental income ranges)

• Under $3,000 → approx. $400
• $3,000–4,999 → approx. $600
• $5,000–7,499 → approx. $850
• $7,500–9,999 → approx. $1,100
• $10,000+ → approx. $1,300

These are reference values only. Courts can deviate from them based on specific needs or fairness.

Courts may grant an increase in support when:

• The child enters a more expensive school or daycare
• Healthcare or housing costs rise
• The non-custodial parent’s income significantly increases

Conversely, support may be reduced if:

• The non-custodial parent loses their job or becomes disabled
• The custodial parent’s income increases substantially
• The child starts to live part-time with the other parent

The requesting party must file a motion and provide evidence for modification.

• Before filing, consider gathering:
• Proof of income (tax returns, pay stubs)
• Child-related expenses (medical, education)
• Communication logs with the other parent
• Any prior agreements or court decisions

Legal representation is not mandatory but is highly recommended for complex cases or enforcement proceedings.