Uncontested Divorce

Child Support in New York

 child support

What is Child Support?

Child Support is the financial obligation that one parent will have to the other parent of a child. Often, child support is paid to the custodial parent (the parent with custody of the child). However, this is not always the case. For instance, two parents may have joint custody and might split time evenly. Often, to ensure that the child has the maximum benefits of the income and assets of each parent, a child support payment will be made by one parent to the other.

What does Child Support Cover?

Child support is supposed to cover a child’s needs.  These needs can include food, shelter, medical expenses, education, child care, clothing, and other such items.

How long does Child Support have to be paid?

Child support is often paid until a child is 21 years of age. New York law says twenty-one years of age, unless a child is emancipated.

How much is Child Support in New York State?

Child Support is based on the adjusted gross income of the Parents.  The basic starting point is as follows:

  • 17% of Income for one child
  • 25% of income for two children
  • 29% of income for three children
  • 31% of income for four children
  • at least 35% of income for five or more children. In such situations, the Court has a great deal of discretion.
  • Subsequent to these amounts, the court may add in amounts for child care, medical & educational expenses.

The video Below will help you to understand the child support percentages to be paid by a Parent in New York State

How do I calculate Child Support in New York State?

In New York City, the Human Resources Child Support Calculator is very helpful in estimating child support obligations.

You can check the New York State Child Support Standards Chart which will show you estimated Child Support Amounts based on income. The New York State Child Support Standards Page also contains this information.

How do I modify my current Child Support Order?

In order to modify your current Child Support order, you will probably have to show the Court that you have had a change in circumstances.

New York’s Court Help site has a Free Do It Yourself resource that can help you draft your Child Support Modification papers.


The number to the New York State Child Support Hotline is: 1-888-208-4485

How do I enforce my current Child Support Order?

You will have to let the Court know that your order is not being followed. New York’s Court Help site has a Free Do It Yourself resource that can help you draft your Support Enforcement papers.

You can contact your local child support office to get more information on enforcing New York support orders.

New York State, Division of Child Support Enforcement
40 North Pearl Street, 13th Floor
Albany, New York 12243-0001
Office: (888) 208-4485

Saint Regis Mohawk Tribe
Child Support Enforcement Unit Administrator
Child Support Enforcement Unit
545 State Route 37
Hogansburg, New York 13655

Shinnecock Indian Nation*
Tribal Administrator
PO Box 5006
Southampton, New York 11969-5006
Office: (631) 283-6143
Fax: (631) 283-0751
E-mail: Aiyana@Shinnecock.org

*Start Up Grantee

Handbooks for Parents in New York City:

New York State Family Court information:

New York State Family Court Case:

WEBFAMILY is the New York State Family Court Online Case information site. You can use WebFamily to find information about your child support or child custody case which is currently pending in a New York State Family Court.

See Also:

New York State Custodial Parent Information

New York City Family Court – Child Support Page

United States State Child Support Websites

 

Uncontested Divorce

 

un·con·test·ed
di·vorce
pronounciation:
no outstanding issues/
noun
1. a divorce in which both parties agree on the grounds for divorce and there are no disagreements as to any issues, including finances, assets, child custody & child support.
verb
1. legally dissolve one’s marriage with (someone) without issue or by default.

 

A divorce is only uncontested if there are no outstanding issues.  None.

In order to be an uncontested divorce the parties must agree about:

  • Grounds: The parties must agree on the reason for the divorce (irretrievable breakdown, abandonment, etc).
  • Property: The parties must agree on how marital property (including bank accounts, real estate & businesses) will be split. The must be in agreement as to how retirement assets and other such property should be dealt with.
  • Maintenance/Alimony: The parties must agree whether there will be maintenance or alimony and if so, the amounts and length of time such is to be paid.
  • Child Support: If there are children, the amount to be paid in child support must not in dispute.
  • Child Custody: There should be an agreement as to whether there is joint custody and/or a certain party is the custodial parent.  A visitation and parenting plan should be created and agreed upon.

If the parties disagree about anything, then they have a contested divorce

Click about to learn more about contested divorces.

 judgment of divorce =

agreement/judgment as to grounds + agreement/judgment as to assets + agreement/judgment as to all other issues including child support & child custody

uncontested divorces are much cheaper than contested divorces!

uncontested divorces are much quicker than contested divorces!