Can you agree to no child support in NY?

Asked by: Prof. Garry Jerde  |  Last update: April 17, 2025
Score: 4.4/5 (24 votes)

You can waive statutory child support obligations as long as your waiver has the correct format and content to protect both parties. The court wants to be sure parties understand the rights they are waiving. You will want to consult with your lawyer.

Can parents agree to no child support in NY?

Can Parents Agree To No Child Support? Yes, in some cases if you and your spouse are able to come to an agreement on how you want to handle your child support issue, you may waive the traditional New York child support method.

How can I legally stop child support in NY?

Terminating Child Support in New York
  1. Marriage of the child.
  2. The child habitually residing with a person of the opposite sex.
  3. Death of the wife or the child.
  4. Permanent residence located away from the custodial parent.
  5. Attainment of 21 years of age.
  6. Entry into the armed forces.
  7. Engagement in full-time employment by the child.

Is child support mandatory in NY?

In New York, child support payments are mandatory. In many instances, parents may create their own agreement that deviates from the Child Support Standards Act (CSSA) used in New York to calculate these payments. However, a judge must still approve the payment amount determined by the parents.

Can parents agree to no child support?

Can California Parents Agree That Neither Needs to Pay Child Support? California child support laws state both parents are mutually responsible for the support of their children. This means, technically, parents do not have the authority to waive or eliminate child support obligations, even if both parents agree.

Can we agree to child support that’s different than what’s in the court order?

34 related questions found

Can fathers opt out of child support?

In some states, a non-custodial parent can opt out of paying child support even though the custodial parent expects payments. But this is usually only possible if the non-custodial parent is willing to completely give up his or her parental rights of the child.

Can I be forced to support my parents?

In California, filial responsibility laws could obligate an adult child to financially support their infirm or indigent parent. Learn about how this duty of filial responsibility applies to estate and trust litigation by reading our in-depth analysis of California Family Code section 4400.

Can you negotiate child support in NY?

Yes, parents have the option to negotiate child support agreements outside of court through mediation or collaborative law processes.

Do you have to pay child support if you have 50/50 custody in NY?

The CSSA establishes child support amounts that allow children to have an appropriate standard of living, based on the income of their parents. Both parents' incomes are considered in the formula even if they have joint custody, because both parents have the duty to support their children.

How much is child support for one kid in New York?

For one child, you take 17% of the parents' combined income, for two children you take 25%, for three children you take 29%, for four children you take 31% and for five children you take no less than 35% of the parents' combined income and this percentage amount represents the basic child support obligation.

How do I file to stop child support?

Steps
  1. Read your original child support order. ...
  2. Contact your state's child support enforcement agency. ...
  3. Gather information to support your claim. ...
  4. Fill out the application to terminate the support order. ...
  5. Cooperate with the agency's investigation. ...
  6. Receive notice of the agency's final decision.

How much back child support is a felony in NY?

How Much Back Child Support is a Felony in New York? Failure to comply with child support payments in New York is a form of child neglect and, in extreme child support cases over $10,000, should be guilty of a class E felony punishable under the penal code.

Do you still have to pay child support if the child goes to college in NY?

The law in New York requires the “non-custodial” parent to pay child support to the “custodial” parent until the child is 21 years old. This means the obligation to pay support often extends through some, if not all, of the time that the child is in college.

How to avoid child support in NY?

In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.

Can you give up your parental rights to avoid child support NY?

You cannot give up your parental rights to avoid dealing with a child's behavioral problems, and you cannot give up your parental rights to avoid paying child support.

How does getting married affect child support in New York?

However, it is important to note that in New York, the remarriage of the parent responsible for paying child support does not automatically alter their support obligation. In New York, the income of a new spouse is generally not considered when determining child support obligations.

Can I waive child support in NY?

Yes, the judge can order an amount you agreed on that is different from the statutory calculation. You can waive statutory child support obligations as long as your waiver has the correct format and content to protect both parties. The court wants to be sure parties understand the rights they are waiving.

Do I get more child support if I have full custody?

Generally, sole physical custody is awarded to allow a child to live in one home most of the time, and continue to attend their local school. Where joint legal custody and sole physical custody exist together, the amount of child support due will not change.

How long does a father have to be absent to lose his rights in NY?

Permanently neglected the child for at least 12 months by failing to maintain contact with the child and plan for the future of the child. Legally abandoned the child for at least 6 months. Severely or repeatedly abused the child.

What is the child support limit in NY?

Effective March 1, 2024, for the next two years, the income cap for child support calculations is $183,000 (up from $163,000) and the income cap for maintenance is $228,000 (up from $203,000). Child support is calculated using the formula in the Child Support Standards Act [DRL §240, FCA §413].

What is the penalty for hiding income for child support in NY?

In New York, hiding income for child support purposes can lead to severe penalties. Here are some of the potential consequences: Contempt of Court: A parent found guilty of hiding income may be held in contempt of court, which can result in jail time of up to 6 months and additional legal fees.

How far back can child support go in NY?

In New York, child support may be collected retroactively for up to two years before the child support petition is filed with the court.

What happens when parents aren't supportive?

The Result of Lacking Emotional Support From Parents

Children are often left with feelings of loneliness, feeling awkward or different, and not being intrinsically understood. These intensify during general holidays, Mother's and Father's Day, and special occasions.

Is NY a filial responsibility state?

Children's responsibility

New York is not one of those states. Even in those states that do have filial laws, they are rarely enforced. However, nursing homes have more recently begun attempting to collect from family members.

Are adult children responsible for parents' debt?

A creditor cannot go after a child to collect on a parent's debt if there is no contractual agreement between the child and their parents' creditors. However, a child may be personally liable if: They cosigned or agreed to be a guarantor on a parent's debt. They held a joint credit card with the deceased parent.