MANHATTAN, NY - Parents going through divorce in New York face questions about how child support is determined, what expenses it covers, and how long the obligation lasts under state law. Manhattan child support attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/blog/new-york-child-support-what-every-divorcing-parent-needs-to-know/) explains how the Child Support Standards Act calculates support and what rights parents have regarding modification and enforcement.
According to Manhattan child support attorney Richard Roman Shum, New York calculates child support using the Child Support Standards Act. The court determines combined parental income, applies the statutory percentage based on the number of children to compute the basic child support obligation, and then prorates that obligation between parents according to each parent's share of combined income. The non-custodial parent generally pays their pro-rata share to the custodial parent.
Manhattan child support attorney Richard Roman Shum emphasizes that child support in New York continues until the child reaches age 21. This obligation can end earlier if the child becomes emancipated. Emancipation occurs when a child under 21 gets married, joins the military, or becomes self-supporting before turning 21. Parents remain legally responsible for supporting their children unless one of these emancipation conditions is met.
"The percentages are 17% for one child, 25% for two children, 29% for three children, 31% for four children, and at least 35% for five or more children," explains Shum. "The law applies the percentage formula to combined parental income up to the statutory cap amount set in the annually updated Child Support Standards Chart."
Basic child support covers food, clothing, and shelter. New York courts can require additional payments for specific expenses that support the child's well-being and development. The non-custodial parent may be required to maintain health insurance coverage for the child. Courts often order parents to share unreimbursed medical costs such as co-pays, prescription medications, and specialist visits based on each parent's proportional share of combined income.
"Child care expenses for daycare or after-school programs are usually divided between parents according to their income ratios," notes Shum. "Educational costs can include private school tuition, tutoring services, school supplies, uniforms, and related fees."
Shum adds that a substantial change in circumstances allows either parent to petition for modification of a child support order. New York law permits modification if three years have passed since the last order was entered or if either parent's income has changed by 15% or more since the last calculation. A parent who loses employment, experiences a substantial pay reduction, or receives a significant raise may qualify for modification.
When a parent fails to pay court-ordered child support, New York provides several enforcement mechanisms to collect past-due amounts and compel future compliance. The Child Support Enforcement Unit can issue an income execution order that directs the non-paying parent's employer to withhold child support directly from wages. The enforcement unit can also intercept unemployment insurance benefits, workers' compensation payments, and federal or state tax refunds to satisfy unpaid child support.
"If a parent suspects the other parent is earning more than they report, New York courts have the authority to investigate and impute income to that parent," advises Shum. "Courts examine work history, education, skills, and available job opportunities to determine earning capacity."
For parents throughout Manhattan, the Lower East Side, and New York City navigating child support matters, understanding how the Child Support Standards Act calculates obligations and what options exist for modification and enforcement can help protect children's financial interests.
About Law Office of Richard Roman Shum, Esq.:
Law Office of Richard Roman Shum, Esq. is a Manhattan-based law firm dedicated to family law, including child support calculations, modification petitions, and enforcement actions. Led by attorney Richard Roman Shum, the firm represents clients at the Manhattan Family Court and works to ensure children receive the financial support they deserve. For consultations, call (646) 259-3416.
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