The laws of New York governing child custody and child support are contained in the Domestic Relations Law (DRL) available at this link.
To fully understand New York law, it may be necessary to read and interpret statutes with case law and regulatory law. It is also important to know if law is up to date. For these and other reasons, it is always best to consult with a qualified family law attorney to know how the law applies to your particular situation. The following legal summaries are not intended as legal advice and should not be relied on as such. They are intended only as an introduction to the way that the law functions in these areas.
Child Custody in New York
There are two types of custody: legal custody and residential or physical custody. Legal custody is the right and responsibility to make decisions for a minor child. Residential or physical custody refers to the place of a child’s primary residence.
In New York the age of majority is 18. Both parents remain obligated in New York to support their children, however, until the age of 21.
The determination of custody is based on the "best interests of the child." New York courts consider a variety of factors in determining what is in “the best interest of the child,” including:
- The child's age, sex, mental and physical health
- The parent's mental and physical health
- The parent's lifestyle
- Any history of child abuse
- The emotional bond between the parent and child
- The parent's ability to provide for the child
- The child's regular routine
- The quality of the child's education
- The child's preference once the child reaches an appropriate age (usually around 12)
Child Support in New York
Child support is a court-ordered payment by one parent to the custodial parent of a minor child, generally after divorce or separation. Child support typically continues until the child reaches the age of 21 or is earlier emancipated. In New York, a child becomes emancipated when he or she marries, joins the armed forces, or lives on his or her own and works full time.
In general the total amount of support owed to a child by his or her parents is based on several factors, including: the combined income of both parents, the number of children, the expenses of the custodial parent, and any special needs. In New York, child support generally must also include health plan coverage, and may be increased to include for educational expenses such as tuition.
The amount of child support in New York is typically based on state guidelines from what is known as the Child Support Standards Act. Under New York's guidelines, basic support is generally set at a fixed percentage of combined parental income depending on how many children are to be supported. The rates are as follows:
| 1 child |
17% |
| 2 children |
25% |
| 3 children |
29% |
| 4 children |
31% |
| 5+ children |
at least 35% |
These percentages are applicable to almost all parental earnings up to $80,000. Earnings include more than just a person's salary, and can include pensions, social security and disability payments to name just a few examples. If a parent's earnings are over $80,000, the court does not have to use the guidelines when determining the amount of child support to be paid. The amount a parent pays is prorated based on their percentage contribution to the combined income.
An example of how it works is as follows:
If parent 1, the custodial parent, has income of $20,000 and parent 2, the noncustodial parent, has income of $60,000 then parent 1's prorate share of the basic support amount is 25% and Parent 2, 75%. In that case if there were two children, the applicable guideline rate is 25% of $80,000 or$20,000. The noncustodial parent would be responsible for $15,000 (75% of $20,000) in child support per year.
Click here for a link to a helpful child support calculator that is based on the New York child support guidelines.
