New York Child Support
How to apply for child support in New York
Any legal guardian with primary custody of a child in New York is eligible to apply for the state’s child support services. New York firmly believes all children are entitled to financial support from both of their parents. Parents need to obtain an application either online or at their local child support office. Eight pages need to be completed and returned to the local child support office. If you are applying for temporary assistance, then you will automatically receive the state’s child support services. Once the application is received, a caseworker will be assigned to your case. You will be contacted with further information once your application is processed. Download Forms.
How to Calculate NY Child Support?
To estimate how much your obligation amount will be, you’ll need to know both parent’s income. Courts will add both parent’s gross income together, subtract deductions and determine what percentage should be paid based on the number of children in need of support. Additional expenses, such as childcare or medical support, may be added on top of the basic amount.
How to Claim and Pay NYS Child Support?
Around 70 percent of all support collected in New York is through income withholding, so it’s likely your payments will come directly out of your paycheck. If you aren’t under an income withholding order, then payments can be made online with a credit card or bank account or through the mail. Parents can receive the funds through direct deposit to either a bank account or a state-issued debit card.
Child Support Performance Stats
According to statistics gathered from 2013, about seven percent of the total arrearages owed to the state were collected. Estimates from that year showed that about 34 percent of families were not getting their support payments.
Statistics for Regular On-Time Payments Collection
Other Incentive Performance Measures
| Performance Measures | 2012 | 2013 | 2014 | 2015 | 2016 |
|---|---|---|---|---|---|
| Statewide Paternity Establishment (%) | 90.65 | 91.78 | 91.17 | 93.43 | 92.06 |
| IV-D Paternity Establishment (%) | N/A | N/A | N/A | N/A | N/A |
| Support Order Establishment (%) | 80.22 | 80.76 | 82.13 | 82.54 | 85.58 |
| Cost-Effectiveness ($) | 4.9 | 4.9 | 5.1 | 4.75 | 5.15 |
Total Number of Children in the Child Support Program
Total Distributed Collections and Total Administrative Expenditures ($ Millions)
| 2012 | 2013 | 2014 | 2015 | 2016 | |
|---|---|---|---|---|---|
| Total Distributed Collections ($) | 1703.27 | 1694.25 | 1697.34 | 1701.21 | 1750.88 |
| Total Distributed to Families ($) | 1616.01 | 1612.94 | 1617.2 | 1622.02 | 1670.6 |
| Total Administrative Expenditures ($) | 371.98 | 370.33 | 355.59 | 382.6 | 363.16 |
Average Collections per Case with Collections
Can child support be paid off early?
It may be possible to pay off your obligations early though a lump sum, but this won’t prevent you from owing additional support in the future if circumstances change.
What Will happen if You fall Behind NY State Child Support Payment?
- Temporary increase in the amount owed
- Interception of tax refunds or lottery winnings
- Suspension of driver’s license
- Suspension of occupational licenses
- Reporting late payments to credit agencies
- Liens on property
- Incarceration
Can you get alimony and support at the same time?
Alimony payments, which are designed to support a spouse temporarily after a divorce, are decided on a case-by-case bases in New York. Courts may award one spouse both alimony and child support when they are the parent with primary custody of the child.
Can you stop the NY state support payments?
It’s crucial to abide by a court order to make payments. You should never stop making these payments unless your obligation has ended, your order has been terminated and you no longer owe any money towards child support debts.
Child Support and Taxes
When parents are separated and not living together, they need to decide which party would benefit most from claiming the child as a dependent for tax purposes. Only one parent can claim the child on their tax forms, and they will be eligible for a tax credit for the child. Most often, the custodial parent has the right to this benefit.
Can child support payments be claimed on taxes in New York?
Child support obligations should not be claimed on your New York tax returns. These payments are non-deductible, and they can’t be claimed as income.
How does my child support affect my taxes?
New York considers these payments as money that would’ve been spent on the child had the family remained together, so they are considered tax-neutral. They won’t impact your New York taxes either positively or negatively.
Can child support be taken pre tax?
Support obligations shouldn’t be taken pre-tax even when you are under an income withholding order.
Can child support Take my federal tax return?
Non-custodial parents will automatically be eligible for the state’s tax refund offset when they owe at least $50 towards child support debt. They will be eligible for the federal program when they owe $500.
Paternity Establishment
Establishing paternity in New York means legally identifying the biological father as the child’s legal father when the parents are not married to one another. When parents are married, the husband is automatically presumed to be the child’s legal father. Otherwise, legal steps must be taken to formally establish this important fact.
How do you establish paternity in New York?
Unmarried parents can establish paternity voluntarily through an acknowledgement form filed with the New York City Department of Health and Mental Hygiene. In situations where paternity is unknown or contested, courts may establish paternity through DNA testing.
What rights does a father have if not on birth certificate?
Fathers who are not listed on the child’s birth certificate are not considered the child’s legal father, so they do not maintain any parental rights until they legally establish paternity.
Can a mother refuse me paternity test?
If paternity hasn’t been established, then a father may not have any legal rights to submit their child to a DNA test without their mother’s approval. Potential fathers do have the right, however, to petition the courts for a DNA test to establish paternity.
How to establish paternity if the father is deceased?
When the father has passed away, establishing paternity is much more complicated. It may be possible for courts to establish paternity through a court order. Living relatives of the father may be willing to take a DNA test.
Can a father get a paternity test without the mother?
Fathers can’t get a paternity test without the mother’s consent unless there is a current court order to establish paternity. Fathers should petition the courts for a paternity hearing in these situations.
How long does a father have to establish paternity in New York?
In New York, paternity must be established before the child reaches their 21st birthday.
Support order establishment
After paternity is established, New York courtrooms will enter one or both of the parents into a support order. This order fulfills a parent’s obligation to financially provide for their children. If a legal guardian who isn’t the parent has primary custody of the child, both parents will be required to make payments to the guardian.
State Child Support orders
A parent’s obligation will be determined based on New York State guidelines. The state utilizes an income shares model, so both parent’s combined income is used to calculate an appropriate amount. Once an amount is determined, the order is entered into and established. Parents can request modifications, but they should never disobey this court order.
Can NY state child support be modified?
It can be modified under certain circumstances, but these modifications must go through and be approved by a court in New York.
How do I file for a modification of child support?
A parent must file a petition to modify their order through the court that originally established the order. The court will review the request and schedule a court hearing for the parent.
Can a child support order appealed?
Support orders will only be appealed when a lower court has made a mistake or error in entering into the order. Parents have a right to appeal any decisions within a timely manner.
Do you need a lawyer to modify NY child support?
Parents do not need to hire a lawyer for modification hearings. All the appropriate paperwork can be done by the parent themselves, and they can also represent themselves throughout the hearing.
When can you modify the support?
Support can be reviewed for modification when there has been a substantial change in circumstances or when it has been three years or more since the order was adjusted.
New York Child support Enforcement
How long does the child support enforcement take?
The time it takes for certain enforcement measures to be levied depends on how overdue the parent is on making payments. Some enforcement measures are automatic and do not require going back to court. Once the parent owes so much, the measure will immediately take hold. Other types of enforcement measures require a court hearing.
What to do when the support is not paid?
When you aren’t getting your court-ordered payments, you should immediately contact NY child support agency to report the issue.
What Happens if I’m not paying New York State Child support?
The child support agency will send the non-paying parent a notice through the mail explaining how to prevent enforcement actions from being levied against them.
How much overdue child support payment can be considered a felony?
Willfully failing to pay support is a crime. The federal government considers it a felony when parents refuse to pay for over two years or in amounts exceeding $10,000.
Can the support debt be forgiven?
New York has an Arrears Credit Program that allows the parent to reduce their debt when they participate in an employment-oriented program and agrees to pay all their active orders for the next three years.
Support Order Termination
How do I stop a child support order?
To stop a support order, a parent will need to file the appropriate paperwork for termination of the order through the New York courtroom that originally entered into the order.
When Can I Apply for Child Support Termination?
Parents can apply for termination when the child has reached 21-years-old, has gotten married, permanently resides away from the custodial parent, has joined the military or has passed away.
Can the custodial parent close a support case?
A custodial parent can close a case at any time as long as they are not currently receiving public assistance.
When Can I Stop Paying Child Support in NY?
Support payments may cease when the order has terminated, the parent’s obligation has ended and all outstanding debts have been paid.
What is the legal age to stop paying the support?
Children in New York are entitled to support until they turn 21-years-old.
New York Hearing Rights
Fathers, mothers, and children in New York all have the right to seek out a paternity hearing. Parents also have the right to seek out a court hearing regarding custody, visitation and support issues.
New York Child Support Laws & Guidelines
New York uses the income shares model to determine a parent’s obligation. If only one child needs support, then the parent will be obligated to pay about 17 percent of the combined parental income to the custodial parent. For two children, the amount raises to 25 percent.
New York Child Support Coverage
What is the support meant to cover?
Under New York child support law, it is designed to cover a child’s basic needs like food, shelter, and clothing.
Does the Support Cover Medical Care Expenses?
During the support hearing, New York’s courts will order one or both parents to cover the child through health insurance, and the costs will be shared between both parents.
What if Both Parents are working, will the Support Cover child care services?
When childcare expenses are incurred due to the custodial parent’s need to work or attend school, the expenses will be considered mandatory. The court will split the costs between the parents.
Are Car Maintenance Costs Covered by the Support?
These costs are expected to be paid by the custodial parent.
What is Considered Basic Entertainment for the Support?
Basic entertainment is considered any age-appropriate activity designed to stimulate the child in a positive way.
Are School and College expenses Covered by Child Support?
College expenses are covered by support payments until the child reaches 21-years-old.
Parents are expected to share the costs of school-related expenses.
Are Extracurricular Activities covered by Support?
New York law does not require the non-custodial parent to pay towards the child’s extracurricular activities.
New York Child Support Offices
| Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|
| New York City Child Support Enforcement Unit | Human Resources Administration Canal Street Station New York | dcse.cseweb@dfa.state.ny.us | (888) 208-4485 | https://www.childsupport.ny.gov/dcse/home.html |
County Child Support Offices in NY
| County name | Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|---|
| Albany County | Albany County, NY Child Support Enforcement Unit | 162 Washington Avenue, Albany, NY 12210 | CSEWEBAlbany@dfa.state.ny.us | 1(888) 208-4485 | http://www.albanycounty.com/Government/Departments/DepartmentofSocialServices/ProgramsandServices/ChildSupportandEnforcement.aspx |
| Albany County | Albany County, NY Family Court | 30 Clinton Avenue, Albany, NY 12207 | CSEWEBAlbany@dfa.state.ny.us | 1(888) 208-4485 | https://www.childsupport.ny.gov/DCSE/LocalOffices_input.action |
| Allegany County | Allegany County, NY Support Collection Unit | 7 Court Street, Belmont, NY 14813 | CSEWEBAllegany@dfa.state.ny.us | 1(888) 208-4485 | https://www.alleganyco.com/child-support-unit/ |
Download Child support Forms for New York
| Title | Number |
|---|---|
| Order of Support | 04/07/2018 |
| Order After Filing of Objections | 4-7a |
| Order of Disposition (Violation of Support Order) | 4-12b |
| Financial Disclosure Affidavit | 04/17/2018 |
| Petition for Relief From Support Payments And Commitment | 04/15/2018 |