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Child Support | NY Uncontested Divorce

NYS Child Support Laws require both parents to financially support their children until age 21, unless otherwise emancipated because they are married, self-supporting, or in the military.

NY Child Support Guidelines

The Child Support payable in New York State can be difficult to calculate,(use the NYS Child Support Calculator), and is paid by the non-custodial parent to the custodial parent. The "Custodial Parent" of a child, is the parent that has the child for a majority of the overnights during the year. If the parents have an equal number of overnights, the party with the lower income is deemed to be the "custodial parent" see Leonard v Leonard (4th dept),2013 NY Slip Op 04916 [109 AD3d 126], Rubin v Della Salla (1st Dept), 2013 NY Slip Op 02681 [107 AD3d 60].

The amount payable is governed by the Child Support Standards Act (CSSA). The CSSA takes into account the gross incomes of both parents, and the appropriate deductions including FICA (or SECA if self-employed). The CSSA contemplates the first $148,000 of combined parental income (as of 2018, but adjusted every two years).

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NYS Child Support Percentage

  • The "child support percentage" is fixed as follows:
  • 17% for one child.
  • 25% for two children.
  • 29% for three children.
  • 31% for four children.
  • no less than 35% for five or more children.

How to Stop Child Support in NY

The NYS Child Support Age limit is 21 years of age, or if the child is earlier emancipated. The parents may agree to support their children beyond the age of 21, for example, until the children graduate from college. Child support also may stop if there is a change of custody or in the case of parental alienation.

How to Reduce Child Support in NY

The parents are free to Opt-Out of the Child Support Standards Act (CSSA), however, any agreement must set forth the amount that is supposed to be paid pursuant to the CSSA, and the reasons for deviating from the formula.

What Does Child Support Cover in NY

In addition to the payment of the "basic child support" obligation stated above, typically the agreement provides that one parent will be responsible for providing health insurance for the children so long as it is available through his or her employment.

Usually each parent will also be responsible for paying their pro-rata share of the children's uninsured medical and dental costs. The pro-rata share is equal to the parent's percentage of combined gross income.

Often the parent's also agree to pay their pro-rata share of the childcare expenses incurred while the custodial parent is working or attending school. The pro-rata share is equal to the parent's percentage of combined gross income.

Lastly, the non-custodial parent may also agree to purchases a life insurance policy on his or her life, naming the custodial parent or the children as irrevocable beneficiaries, to secure future support payments.

child support ny uncontested divorce

Compare Flat Fee Uncontested Divorce Plans

Uncontested Divorce


WITHOUT Children Under Age 21 AND
Each Person Keeps Their Own Property and Debts

$1000+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties stating that each party keeps their own assets and pays their own debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.

Uncontested Divorce


WITHOUT Children Under Age 21 AND
Divide Our Property and Debts

$1250+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties spelling out the division of assets and debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.

Uncontested Divorce


WITH Children Under Age 21 AND
Each Person Keeps Their Own Property and Debts

$1350+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free Calculation of Child Support.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties setting forth custody, visitation, child support, health insurance, uninsured medical, etc., and stating that each party keeps their own assets and pays their own debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.

Uncontested Divorce


WITH Children Under Age 21 AND
Divide Our Property and Debts

$1500+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free Calculation of Child Support.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties setting forth custody, visitation, child support, health insurance, uninsured medical, etc., and spelling out the division of assets and debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.
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