How to avoid child support in NY?

Asked by: Mia Weber  |  Last update: November 24, 2025
Score: 4.1/5 (34 votes)

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.

Can you agree to no 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.

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.

How can I not be on child support?

If you want to stop paying child support legally, you must obtain a court order. You can apply to the court for a modification or termination of the payment by presenting any evidence of changes in your financial circumstances.

Can you waive child support in NY?

Yes. You and you spouse can waive the provisions of The Child Support Standards Act as long as the waiver is in writing.

New York Divorce Lawyer answer: How can I avoid paying child support in New York legally?

39 related questions found

How to reduce child support nys?

Under New York law, you can request a child support modification if there is a 15% change either parent's income. While typically the court will entertain a child support modification only after at least 3 years has passed since the order was entered, the exception is for a 15% change in income.

How much child support will I pay if I make $1000 a week?

Using a standard calculation, an individual earning $1,000 a week might pay around $250 per month for one child, though this figure can vary significantly based on specific circumstances and local county guidelines.

How to survive without child support?

How To Survive Without Child Support
  1. Take Ownership. It can be a challenge to let go of the idea of “we” and focus on YOU when it comes to providing for your family. ...
  2. Set Goals. ...
  3. Take Charge of Your Finances. ...
  4. Make Saving a Priority. ...
  5. Trust Family and Friends.

How far behind in child support before a warrant is issued in NY?

Cases are referred to the NY State Department of Taxation and Finance for identification and seizure of assets to satisfy past-due support obligations if the amount owed is equal to or greater than four months of the current obligation amount, greater than $500, and no payments have been received from payroll ...

Does dad have to pay child support with 50/50?

It seems logical that if your custody is shared, you each cover costs for the child when the child is with you. However, in California, custody and child support are two separate components, and one parent may be required to pay child support to the other even in a 50/50 arrangement.

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.

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.

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.

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.

What determines child support in NY?

To determine child support, a court must calculate: (i) the combined parental income and (ii) the proportion or ratio of each parent's income to the combined parental income. Calculating combined parental income is pretty straightforward.

Can you say you don't want child support?

Generally speaking, the answer to this question is yes; a parent can refuse to accept child support. Most courts encourage parents to cooperate with each other and will not stand in the way of any agreements the parents reach, however, there are some exceptions to this rule.

How long can you go to jail for not paying child support in New York?

If there is a lawful excuse for your failure to pay, then you have not violated the statute. Non-support of a child in the first degree is a class E felony. If you are convicted you could be sent to prison for up to 4 years or be placed on probation for 5 years.

Can child support repo my car?

Pay Whatever You Have for Child Support

Wage garnishment is a thing and the custodial parent may seize your personal property, like your car, motorcycle, or boat if child support money is not provided.

Can child support freeze my bank account?

Why Is My Bank Account Frozen? Generally, a bank account is frozen because you owe someone money. So, your account could be frozen, and your money paid to a creditor if you have unpaid judgments against you or you owe taxes, federal student loans, or child support. We're looking for attorney matches in your area.

Can you skip child support?

Failing to pay child support in California can have severe and far-reaching consequences. From monetary penalties and credit score damage to asset seizures and license suspensions, the repercussions are daunting.

How many single mothers don't get child support?

But less than one-quarter of single-mother families receive child support.

Why does the father always pay child support?

We get this question a lot. Most people call us having read somewhere that the mom always gets custody of the children and dad always pays child support. That's just not true these days. Child support is based off the custody arrangement that the court orders.

How much do most dads pay in child support?

The average child support payment in California comes in at around $500 per month. Other estimates put the number at around $425 on the low end and approximately $800 for a high average. Of course, these numbers are just a rough estimate of what the average person pays monthly for child support.

What percentage of your paycheck can child support take?

However, if you are currently supporting another child or a spouse (for example, if you have remarried and had another child), the court can order that up to 50% of your wages be withheld for child support. The amount withheld from your check – about a third of your wages – is well within these limits.

What is the biggest factor in calculating child support?

Parental Income

Both parents' gross income is a critical starting point. Income includes wages, salaries, commissions, bonuses, rental income, dividends, unemployment benefits, and more. Courts also consider non-monetary perks like housing or vehicles provided by an employer.