Strategic, Compassionate Representation in Child Support Proceedings
When you are dealing with issues of child support, you are protecting your child’s future. At The Law Office of Ramonita Cordero, we provide skilled, strategic legal counsel to parents navigating New York’s child support system whether you’re initiating a support petition, enforcing an existing order, or seeking modification due to a change in circumstances. We represent both custodial and non-custodial parents and understand the emotional and financial concerns these cases often raise.
What Is Child Support in New York?
Child support is a legal obligation for both parents to contribute to the financial needs of their child. In New York, this obligation generally continues until the child turns 21 (unless the child becomes emancipated sooner). Child support is not about the parents it’s about the child’s right to financial security and stability.
The purpose of child support is to cover basic needs such as food, shelter, and clothing as well as medical expenses, child care, education costs, and extracurricular activities. These additional costs are typically shared proportionally based on each parent’s income.
Even in cases of shared or joint custody, support may still be required. The parent who earns more money may be ordered to pay child support to ensure that the child maintains a consistent standard of living in both homes.
How Is Child Support Calculated in New York?
Child support in New York is governed by the Child Support Standards Act (CSSA). The law uses a straightforward formula that calculates support based on the combined gross income of both parents, less certain deductions such as Social Security and Medicare taxes.
The statutory child support percentages are as follows:
17% of combined income for 1 child
25% of combined income for 2 children
29% of combined income for 3 children
31% of combined income for 4 children
No less than 35% for 5 or more children
After the total support amount is calculated, it is prorated between the two parents based on their respective income. The non-custodial parent typically pays their share directly to the custodial parent or through the Support Collection Unit (SCU).
Example: If you and your co-parent earn a combined $100,000 and have 2 children, the total support obligation would be $25,000 annually. If you earn 60% of the total income, your obligation would be $15,000 per year, or $1,250 per month.
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📧 rcordero@corderofamilylaw.com
High Net Worth and Complex Child Support Cases
In high-net-worth divorce or separation cases, income can exceed the statutory cap (currently $163,000 in many cases). When that happens, New York courts have the discretion to apply the same child support percentages to income above the cap if they believe it’s in the child’s best interest.
We regularly represent high-income clients including business owners, professionals, and executives where stock options, bonuses, and deferred compensation must be considered in calculating income. We work closely with financial experts to ensure full income disclosure and a fair result.
Enforcement and Modification of Child Support
Circumstances change and so can child support. Whether you’re owed unpaid support or your financial situation has shifted due to job loss, disability, or increased income, we can file or defend a modification petition. We also pursue enforcement when the other parent is failing to pay child support, either directly or through the SCU. Options include:
- Income garnishment
- Suspension of driver’s license or passport
- Seizure of tax refunds
- ontempt proceedings
📞 Protect your child’s future. Call (646) 440-4943
📧 Email: rcordero@corderofamilylaw.com
Child Support in Custody and Visitation Cases
Many of our clients are also involved in custody and visitation proceedings. It’s important to know that parenting time and support are legally separate issues. You cannot withhold visitation because support isn’t being paid, and vice versa. However, changes in parenting time such as overnight visits can impact the support amount and may warrant a recalculation.
Why Choose The Law Office of Ramonita Cordero?
With over 35 years of experience in Family Court, we understand the law, the process, and the pressures. We will guide you step-by-step, explain your rights and obligations, and fight to ensure your child receives the support they are entitled to. We offer personalized, results-driven representation for both mothers and fathers, petitioners and respondents alike.
📞 Call now for a private consultation: (646) 440-4943
📧 Email: rcordero@corderofamilylaw.com
Frequently Asked Questions About Child Support in New York
Do I have to pay child support if I have 50/50 custody?
Maybe. If one parent earns significantly more, the court may still order that parent to pay support to maintain the child’s lifestyle in both homes.
How long does child support last in New York?
Until the child turns 21, unless they are legally emancipated earlier.
What happens if my co-parent doesn’t pay support?
You can enforce the order through Family Court or the Support Collection Unit. Penalties can include wage garnishment, license suspension, or jail time.
Can I get retroactive child support?
Yes, support can be backdated to the date the petition was filed.
Can we agree on an amount outside of court?
Yes, but the court must approve it to ensure it is fair and in the child’s best interest.
What if my income changes?
You can file for a modification if there’s a substantial change, such as job loss, disability, or significant income increase.
Is child support taxable?
Child support is not taxable income for the recipient and not tax-deductible for the payer.
Can college expenses be included in support?
Yes. Courts may order parents to contribute to college costs, especially if the child excels academically or the parents have the means.
What if my co-parent hides income?
We can conduct discovery, subpoena documents, and request forensic evaluations to uncover hidden income or underreporting.
Can support be waived?
In very limited circumstances. The court generally requires that both parents contribute financially, unless the custodial parent is financially independent and voluntarily waives it.
Schedule Your Child Support Consultation Today
Whether you’re seeking child support, challenging an unfair demand, or enforcing an existing order,
we’re ready to advocate for you and your children with skill, strategy, and compassion.