Child Support & Custody FAQ — New York Family Court
Disclaimer
This page gives general information about New York State Family Court law.
It is not legal advice. Every situation is different, and laws vary in other states.
You should speak with an experienced family-law attorney about your particular facts.
Child Support in New York — Common Questions
How is child support calculated in New York?
Child support is based on each parent’s adjusted gross income.
The combined income is multiplied by a statutory percentage:
- 17 % for one child
- 25 % for two
- 29 % for three and so on
Each parent’s share is divided according to income proportion.
The non-custodial parent pays support to the custodial parent.
Courts usually apply this formula up to the Cassano income cap (changes yearly).
Above that, judges may adjust based on the child’s needs and lifestyle factors.
Does 50/50 custody cancel child support?
No. Even with an exact 50/50 schedule, the higher-earning parent is still legally the non-custodial parent and must pay support.
The Court of Appeals in Bast v Rossoff made this clear.
Parents can agree to waive or modify support, but the court must find the terms fair.
What if the paying parent stops paying?
New York enforces support orders through the Support Collection Unit (SCU) and the Family Court:
- Wage garnishment
- Suspension of licenses
- Seizure of bank accounts or tax refunds
- Passport denial
- In serious cases, jail for willful non-payment
Courts prefer compliance to punishment, but they act quickly on violations.
Can child support orders be changed?
Yes. Either parent may file for modification when:
- Three years have passed since the last order, or
- Income changed by 15 % or more, or
- There’s a substantial change in circumstances.
- there are different rules for cases that seek to modify very old orders
A parent seeking a reduction must prove the loss of income was involuntary and that they are actively seeking work.
What happens when a parent retires?
Voluntary retirement before 65 rarely qualifies for a reduction.
At 65 or older, if retirement is due to age or health, judges may adjust payments after reviewing work history, assets, and the child’s needs.
Can having another child reduce support?
Sometimes. Courts may balance resources across households, particularly when a parent supports other minor children, but you must prove real expenses and legal parentage.
Custody & Visitation in New York — Key FAQs
What’s the difference between legal and physical custody?
- Legal custody = decision-making power on major issues (school, health, religion).
- Physical custody = where the child lives most of the time.
Joint legal custody is common, but one parent is usually named the residential custodian for support purposes.
At what age can a child choose where to live?
Not until 18. Judges decide based on best interests, but older teens’ wishes carry weight.
Custody orders end at 18, though support continues until 21.
How do courts handle relocation cases?
Under Tropea v Tropea, courts consider:
- Reason for the move
- Impact on the child’s relationship with the other parent
- Educational and financial benefits
- The child’s wishes
- Availability of alternatives
Moves within NYC rarely need permission; out-of-state moves do.
What counts as a “substantial change of circumstances” for custody?
Examples include:
- Ongoing interference with visitation
- Neglect or substance abuse
- Relocation that disrupts parenting time
- Health or lifestyle changes
- Child’s needs evolving with age
The court first finds a change, then holds a best-interests hearing.
How do judges decide “best interests”?
They look at:
- Stability of each home
- Past caregiving history
- Ability to meet emotional and physical needs
- Sibling relationships
- Domestic violence history
A forensic evaluator may interview the family and make recommendations.
Can visitation orders be changed?
Yes. Either parent can request a change when circumstances shift or the schedule no longer works.
Courts are more flexible with visitation than custody transfers.
But if modification is denied, it is much harder to win on appeal,, where the legal standard is harsher
Manhattan Family Court — Local Notes
- Address: 60 Lafayette Street, New York, NY.
- Many judges, referees and support magistrates handle a large volume or caes
- Most parts still allow virtual appearances except for trial
- Ometimes have very high income litigants and celebrities
Preparation tip: Bring organized evidence (tax returns, pay stubs, residence proof, and logs of visitation).
Professional presentation builds credibility.
Why These Cases Are Complex
Child-support and custody issues often overlap.
An Order of Protection can affect custody; a relocation can change support.
That’s why experience matters more than ever.
Many lawyers learn this only after trial has begun.
About Paul W. Matthews, Esq.
Affordable • Experienced • Manhattan & Staten Island
Paul W. Matthews, Esq. has over 25 years of trial and appellate experience in New York Family Court.
He handles child support, custody, and order-of-protection cases from offices in Lower Manhattan (90 Broad Street) and Staten Island.
He is known for practical courtroom strategy and affordable representation.
📞 Call (347) 461-0760 to schedule a consultation.
Paul W. Matthews, Esq.
Attorney at Law
90 Broad Street, 3rd Floor
New York, NY 10004
Phone: (347) 461-0760
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