New York City Child Support Attorney

Concerned About Child Support? Eiges & Orgel, PLLC Can Help.

In New York, the law requires each parent to financially care for their child, even if the parents no longer live together or have filed for divorce. During a divorce or legal separation, the issue of child support must be finalized.

If you do not plan to divorce but no longer wish to live as a couple, protect your rights with a separation agreement that clearly establishes child support obligations. When your divorce involves no disputes regarding this matter and the non-custodial parent is willing to pay per the guidelines, you may proceed with your uncontested divorce.

Even in straightforward cases, a New York City child support attorney from our firm can provide valuable guidance regarding your requirements and entitlements. In complex matters, issues such as paternity may arise, and your legal counsel can represent you throughout the process and advocate for your rights. The dedicated legal team at Eiges & Orgel, PLLC has over 60 years of combined experience assisting clients with complex family law cases, so you can trust that your case will be in capable hands when you come to us for help.

Our attorneys dedicate significant time to understanding your family’s circumstances. We address challenges that often arise in New York City, such as supporting households where multiple languages are spoken or crafting agreements for parenting time across boroughs. Our team also helps resolve conflicts that may develop in blended family situations—common in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

Take the first step today by contacting our firm for a comprehensive case evaluation: (347) 848-1850. Our New York City child support attorneys are here to help.

Understanding New York Child Support Laws

New York's child support laws ensure that children receive financial support from both parents, regardless of whether the parents live together or are divorced. The Child Support Standards Act (CSSA) provides a formula to calculate support amounts based on combined parental income. This includes income from employment, investments, and other financial resources. The CSSA helps maintain fairness and consistency in child support determinations.

New York child support law considers each parent's income and living expenses. Courts also evaluate special circumstances such as the needs of children with disabilities or significant educational costs. Navigating these issues can be challenging without professional guidance. Our attorneys at Eiges & Orgel, PLLC understand these complexities and work to ensure a fair assessment of financial responsibilities in every case.

The application of the CSSA helps Support Magistrates in New York Family Court—including courts in Manhattan, Brooklyn, and Queens—keep support decisions consistent. The law sets general requirements, but judges may depart from guidelines for specific circumstances, like funding private school tuition or meeting unique health care needs. Our team advises clients on how local standards can influence support outcomes and prepares them for these factors during their case.

How the Child Support Process Works in New York City

Navigating the child support process in New York City requires an understanding of how local courts and agencies handle these cases. Parents usually start by filing a child support petition at their borough’s Family Court—such as those in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island. After filing, both parents must collect necessary documents, including tax returns, pay stubs, and proof of childcare or health costs. City agencies and the Family Court assess financial records based on the CSSA guidelines and each parent’s situation. Hearings generally take place before a Support Magistrate, who examines all details and may ask clarifying questions. 

Many families focus on both setting the support amount and dividing add-ons—like daycare expenses or health premiums. Eiges & Orgel, PLLC explains each step and helps clients remain prepared throughout the New York child support process. Our deep knowledge of city courts ensures clients move through the system with clarity and confidence. If disputes arise—for example, over delayed payments or discrepancies in reported income—strong documentation and a responsive approach are key to resolving issues efficiently.

How Is Child Support Decided in New York?

If you have children, child support is a critical aspect of New York family law. Your children's well-being and stability remain the priority throughout all proceedings.

Factors that determine child support:

• The best interests of the child
• Income & living expenses of each parent
• The child's financial needs
• The child's relationship with each parent
• The stability of each home environment (mother and father)
• Each parent's time availability

Judges in New York carefully review financial affidavits, childcare costs, and other supporting documentation provided by each parent. Our attorneys guide clients on which types of records and evidence carry significant weight based on established practices in Family Court. We also help families explore voluntary support agreements, which sometimes yield more flexible and workable solutions than relying on statutory formulas alone.

Retroactive Child Support & Past-Due Payments

In New York, courts can order retroactive child support, which requires a parent to pay support for a time period before the official court order—usually from the date the child support petition was first filed. This ensures children receive necessary financial help even while legal proceedings are pending. If a parent falls behind, unpaid amounts become arrears, often triggering added interest and potential debt. Family Court judges may use enforcement actions like wage garnishment or liens to recoup overdue payments. Accurate records and communication logs help both parties prevent or address disputes over retroactive amounts. Eiges & Orgel, PLLC assists clients with compiling payment histories and explaining the consequences if arrears accumulate.

Child Support Isn't Just a Divorce Issue

Child support cases in New York can arise from separation, paternity proceedings, or when parents who never married need to resolve support for their child. Cases may be settled in or out of court. To file for child support, one parent must complete a formal application. The other parent is then served a summons, starting a legal process to determine financial obligations. Uncontested divorces often allow both parents to reach a support agreement and avoid extended court hearings, with a child support lawyer in New York guiding the process outside the courtroom.

Many parents in New York City reach child support agreements through mediation or collaborative law, creating solutions that fit their family’s lifestyle. These arrangements can address considerations beyond financial support—such as supporting a child’s personal interests or managing travel between boroughs. Privacy and flexibility are added benefits when parents settle outside of court.

How Is Child Support Calculated in New York?

New York uses the Child Support Standards Act (CSSA) to determine both basic child support and add-on expenses. Basic support is calculated by multiplying the parents’ combined income by a percentage that matches the number of children involved in the case.

After calculating the total obligation, the court divides the support between parents based on their individual contributions to the total combined income. For instance, if your income is 30% of the combined total, you are responsible for 30% of the final child support figure. Payments are typically made by the non-custodial parent to the custodial parent.

Courts in New York may order additional “add-ons,” such as contributions toward childcare, uncovered medical expenses, or private school tuition. Family Court Judges in the city routinely account for the actual costs of living when deciding these supplemental amounts. Our attorneys work through these calculations with parents, ensuring their responsibilities are clear and in line with local expectations.

What if the Other Parent Refuses to Pay Child Support?

If your ex-spouse fails to pay as required by a court order or divorce decree, a child support lawyer in New York can help with child support enforcement actions. Custodial parents are entitled to support, regardless of how custody or visitation is shared. If financial circumstances change significantly for either parent, either party may seek modifications. Support rules apply equally in all New York City cases, including those involving same-sex marriages or partnerships.

Non-payment continues to be a common problem in New York City, where Family Courts serve as the main hubs for enforcement actions. Remedies may include wage garnishment, driver’s license suspension, or liens. Early legal intervention preserves your options and helps you enforce your rights under New York law.

If I Lost My Job, Do I Still Have to Pay Child Support?

If your child support arrangement is no longer sustainable due to illness, job loss, or a major drop in income, you can ask for a modification through the court. Courts will not lower support solely due to temporary difficulty; you must demonstrate a substantial and lasting change in circumstances to qualify for any reduction.

Many New York parents request support modifications after losing employment or experiencing major changes in work status. Judges look closely at your job search activities and financial documents. We encourage clients to gather proof—such as job applications, medical notes, or pay stubs—to create the strongest foundation for a modification request. Support payments must continue until the court approves any requested changes to avoid penalties and enforcement actions.

Tax Implications of Child Support in New York

Understanding the tax treatment of child support payments in New York allows parents to manage their finances with confidence. The IRS treats child support as a personal expense: the parent who pays support cannot deduct payments on their federal income taxes, and the parent who receives support does not pay taxes on those funds. New York law mirrors this federal rule, ensuring there is no added state tax impact for either parent.

Families with complex financial arrangements in New York City, such as those including both child and spousal support, must keep detailed records to ensure proper reporting and avoid disputes. Parents should track payment dates and amounts, and an experienced attorney can help interpret how support payments fit into your broader tax return. With proper documentation, you can reduce the risk of confusion or problems during tax season and maintain accurate financial records in line with court requirements.

Can I Seek Child Support Even If We Were Never Married?

New York law requires both parents to provide financial support for their child, no matter their marital status. If you have sole or primary custody, you may seek support from the other parent. In cases where paternity is questioned, a court may order a DNA test. Fathers may request a paternity test of their own to protect their rights to custody or visitation. 

In New York, paternity is usually established in Family Court, often through DNA testing. After the court verifies paternity, child support obligations are enforced in the same way as for married parents. Custodial and non-custodial parents gain access to support and custody processes, ensuring each party’s rights and responsibilities are recognized by law.

Enforcing Child Support Payments

At Eiges & Orgel, PLLC, we know how important child support payments are to your child’s stability. When a parent refuses to pay, our child support attorneys in New York help families pursue payment using available legal options.

New York law provides several enforcement remedies, including garnishing tax refunds, starting contempt proceedings, or placing liens on real and personal property. Most enforcement actions—such as hearings for contempt or modified payment orders—occur in Family Court in Manhattan, Brooklyn, or other boroughs. Timely action helps you maximize the chance of collection.

Our team can assist with:

• Filing a petition for enforcement with the court
• Obtaining a wage garnishment order
• Seeking a judgment for past due payments
• Exploring other legal options to ensure you receive the child support you are owed

Do not let the other parent avoid their financial obligations. Contact Eiges & Orgel, PLLC to discover how to secure owed payments and protect your child’s well-being.

Legal Implications of Failing to Meet Child Support Obligations

In New York, failure to meet child support obligations brings several legal consequences. Parents who refuse to comply with court-ordered payments may face wage garnishment, interception of tax refunds, suspension of their driver's license, and even jail time. These penalties reflect New York’s commitment to ensuring families receive the financial support they need.

New York City courts have effective tools for enforcing support. Parents confronted with enforcement actions may need to attend Family Court and could face orders affecting their income and public benefits. Maintaining open lines of communication with the court and working with a knowledgeable attorney can help you prevent more severe penalties and, where appropriate, negotiate modified terms to ease compliance.

Both custodial and non-custodial parents need to understand these consequences, as enforcement actions can be swift and severe. Seeking legal support early allows parents to correct payment problems or pursue modifications, helping avoid escalation and keeping child support arrangements sustainable for everyone involved.

Options for Modifying Child Support Due to Life Changes

Major life events, such as income loss, remarriage, or a change in custody, can prompt a review of your child support order. Either parent may request a modification if these circumstances change. The court will review supporting evidence to decide if an adjustment is appropriate, always keeping the child's needs and fairness to both parents in mind.

Families facing the realities of New York City—moving between boroughs, increased cost of living, or adjustments in private school costs—may have particularly strong grounds to seek modification. Collecting thorough documentation and working with a child support attorney in New York builds the foundation for a successful request. Clarity and preparation improve your odds when presenting your case to Family Court.

Timely, well-organized evidence remains essential for a favorable modification outcome. Eiges & Orgel, PLLC focuses on supporting parents through every stage—advising on needed records, developing appropriate strategies, and always keeping the children’s best interests at the forefront.

How Eiges & Orgel, PLLC Supports New York Families

Choosing the right child support attorney in New York City has a lasting effect on your family’s security and financial future. At Eiges & Orgel, PLLC, clients benefit from direct attorney access, detailed guidance, and one-on-one strategic planning. We do not pass our clients off to office staff. With our strong background working in New York Family Courts, we tailor our approach to the city’s distinct legal environment, from navigating the city’s high costs to handling multi-borough parenting arrangements. Every case receives an individual plan, with our attorneys providing clear updates and candid guidance based on your needs and goals. As recognized Super Lawyers and AV® Rated attorneys, we deliver steady legal counsel for families throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

Frequently Asked Questions About Child Support in New York

What Are the Steps to Apply for Child Support in New York?

In New York, applying for child support involves several steps. First, file a formal application with the Child Support Enforcement Bureau in your county. Include financial documents such as income statements and employment details. Once submitted, you will attend a hearing where both parents present their financial circumstances and needs.

The court reviews the information using CSSA guidelines to determine the support amount. Both parents should prepare thoroughly, gather all necessary documentation, and consider legal representation. Eiges & Orgel, PLLC supports clients throughout this process, ensuring their records are accurate and their arguments for fair support are well-presented.

How Does Child Support Enforcement Work in New York?

Child support enforcement in New York includes various strategies to secure court-ordered payments. If a parent does not pay, enforcement tools like wage garnishment, tax refund interception, and property liens can be used. New York State may also suspend driver’s or professional licenses to encourage payment compliance.

Custodial parents seeking enforcement should work with legal counsel to consider all available options. An attorney can advise on effective enforcement methods and assist with necessary motions. At Eiges & Orgel, PLLC, our lawyers have broad experience handling enforcement and are dedicated to helping clients receive the child support they deserve.

Can Child Support Be Changed if My Financial Situation Changes?

Yes, New York allows changes to child support orders when there is a substantial change in circumstances. Factors like a significant shift in income, custody changes, or new needs for a child may justify a modification. Parents must submit a formal petition with supporting evidence showing the changes.

Consult a child support attorney to understand the process and build a persuasive case. Eiges & Orgel, PLLC offers guidance to ensure the process is handled effectively and that your family’s financial interests are protected.

What Should I Do if I Cannot Afford My Current Child Support Payments?

If you cannot afford your current child support payments, act quickly to request a modification. Do not stop making payments, as this may result in severe legal consequences. Collect proof of your financial challenges and consult with a qualified attorney to file for modification.

A knowledgeable attorney from Eiges & Orgel, PLLC can present your situation to the court and seek an adjustment that reflects your financial reality. Your request should demonstrate genuine need, supported by credible documentation.

Is Health Insurance Included in Child Support in New York?

In New York, health insurance is usually considered part of a child support order. The parent with health insurance access, often through employment, may need to cover their child’s insurance premiums. This cost is included in the overall child support obligation, ensuring ongoing medical coverage for the child.

Both parents must disclose their available health insurance during hearings to accurately determine contributions. Legal counsel helps incorporate these costs into support orders. Our team at Eiges & Orgel, PLLC is prepared to ensure health-related terms are clearly defined in your child support agreement.