Is child support mandatory in NY?

Asked by: Dr. Edd Howell V  |  Last update: June 7, 2025
Score: 4.9/5 (19 votes)

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 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 required in NY?

In New York State, a child is entitled to be supported by his or her parents until the age of 21.

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.

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.

How Much Is Child Support in New York? - CountyOffice.org

36 related questions found

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 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.

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.

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.

Is child support negotiable in NY?

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

What happens if a father doesn't pay child support in NY?

In certain cases of willful nonpayment of child support, the delinquent parent may go to jail for up to six months. Noncustodial parents who owe child support arrears equal to or more than four months of current support may be eligible to have their state-issued licenses suspended through the court process.

What is the average child support payment in NY?

17% of income for one child. 25% of income for two children. 29% of income for three children. 31% of income for four children.

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.

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.

What are the rules of child support in NY?

Under New York Child Support Laws, both parents must financially support their children until they reach 21 years of age. The custodial parent spends a portion of their income on the kids directly, and the other sends payments to supplement those expenses.

What if my ex refuses to pay child support?

Contempt of Court: As mentioned earlier, the court can hold the non-paying parent in contempt, which may lead to fines, penalties, or even jail time. Credit Reporting: Unpaid child support can negatively affect the noncustodial parent's credit score, making it more challenging for them to secure loans or housing.

Can you waive child support in New York?

Parents can decide together on the amount of support, as long as the children's needs are being met, and the parents acknowledge an awareness of the applicable CSSA figures, and that the award is appropriate. A custodial parent cannot waive child support altogether.

Does NY consider both parents' income for child support?

The court considers the combined parental income, up to $183,000 and multiplies it by the fixed percentage defined below. A combined parental income above $183,000 is not subject to the guidelines.

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 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.

Does my boyfriend have to pay child support if we live together?

Most of the time, courts will not become involved in child support orders when parents live together, because it is assumed that the child is being adequately cared for by both parents.

Does the state pay child support if the father doesn't?

To qualify to receive the other parent's tax refund for back child support, you need to make sure that you are enrolled in a tax intercept program, which you can do by contacting your local child support office or family law attorney While the state does not pay child support if the father doesn't, if you or your child ...

What questions do they ask at a child support hearing?

You can expect the following questions:
  • – Child's Needs. Courts need accurate data and information about a child's needs. ...
  • – Income and Assets. Both parents will be asked about their assets and salaries by the judge. ...
  • – Parents' Expenses. ...
  • – Communication. ...
  • – Existing Arrangements.

Can a father put himself on child support?

Yes, the father has a legal obligation to support the child and pay support but putting himself on child support does not just entitle him to visitation. He could just as easily agree with the mother on support and pay her and file for visitation if she were to not allow for it.