Reviewed by Diana Szabo, Esq.
When you and your spouse divorce, there are many issues that will impact the outcome of your divorce. Unfortunately, one of the most contentious matters revolves around couples who share children, as child custody can be a bitter battle. Once that matter is determined, child support payments can be equally as frustrating. Many custodial parents who make more than their ex wonder if their former partner will still have to pay child support. The following blog explores what you must know about these circumstances and how a Long Island child support lawyer can help with any issues you may experience.
What Factors Influence Child Support Payments?
When determining child support payments, there are a number of factors the courts will take into consideration before issuing a decision. Generally, the courts will first look at the combined income of each parent based on their most recent tax filings. Additionally, they will determine the amount of funds based on how many children the couple share. For one child, that figure is 17 percent of combined parental income, and it rises with the number of children.
However, the courts will also consider additional factors, such as:
- The earning capacity of each parent
- The custody and parenting time schedule
- The lifestyle the child was accustomed to before the divorce
- If the child has special needs
- Tax considerations
- Income generated from investments, rental properties, or bonuses
- Extraordinary or additional expenses
However, the courts have the discretion to take any additional factors they deem relevant into consideration when determining child support payments.
New York Child Support Percentages
In accordance with New York’s Child Support Standards Act, the basic obligation is a predetermined percentage based on the combined income of the parents and how many children they share:
- 1 child: 17%
- 2 children: 25%
- 3 children: 29%
- 4 children: 31%
- 5 or more children: at least 35%
How the Calculation Actually Works
Before the percentage is applied, two things will happen. First, income will be adjusted, as the court will deduct the Federal Insurance Contributions Act (FICA) taxes, in addition to New York City or Yonkers local income tax if either is applicable. Second, the percentage is only based on the combined income up to a statutory cap, which is adjusted every other year. As of March 1, 2026, the income cap is set at $193,000. For income after this threshold, the court may apply the same percentage, may deviate to better suit the child’s needs, or both.
Suppose Parent A earns $60,000 and Parent B earns $90,000, for a combined parental income of $150,000, which is under the cap. For one child, the basic obligation is 17 percent of that figure, or $25,500. Parent A accounts for 40 percent of the combined income and Parent B accounts for 60 percent, so their shares are $10,200 and $15,300. The custodial parent is presumed to spend their share directly on the child; the non-custodial parent pays theirs to the custodial parent.
What the Percentages Do Not Cover
It is important to understand that the base obligation is not the only financial responsibility the paying parent has to the child. In addition, the court will allocate other expenses between parents based on the income proportions. This can include:
- Work-related child care
- Health insurance premiums
- Unreimbursed medical care
Parents who simply assume their obligation will be solely based on the percentage underestimate what they will actually owe.
It is also imperative to understand that basic support in New York continues until the child’s 21st birthday, rather than their 18th birthday.
If I Earn a Higher Income, Will My Ex Still Have to Pay Child Support?
It’s important to understand that even if the custodial parent makes a higher income, the non-custodial parent must still financially support their children. This is due to the fact that the courts consider that the non-custodial parent would contribute financially if they were still married. Making a smaller income is not an excuse to avoid supporting a child.
Ultimately, what income impacts is not the obligation to pay, but the size of the obligation. Family Court Act § 413 dictates that both parents are responsible for financially supporting the child. Earning less will not eliminate the obligation, but rather produces a smaller, pro-rata portion of the obligation.
What Should I Do if My Ex Isn’t Making Payments?
If your ex isn’t making their required child support payments, it’s important to understand the steps you can take to hold them accountable for the funds they have not paid. Start by documenting each missed payment, including the date it was due and the amount. However, it’s imperative to ensure you contact an experienced attorney to discuss the details of your circumstances to discover the best possible way to handle the situation. For example, your attorney may be able to help you receive a court order to get the funds your children are entitled to. Similarly, your ex could be found in contempt of court for their failure to pay the funds they are ordered to.
New York Enforcement Options
- Wage garnishment, also called income withholding
- Suspension of a driver’s, professional, or recreational license
- Interception of tax refunds
- Liens against property
- Contempt of court proceedings
- Jail, in cases of severe and ongoing non-compliance
Contact an Experienced New York Family Law Firm Today
If you’re going through a divorce, understanding the steps you must take to protect the best interests of your child is critical. At Barrows Levy, we understand how complex these circumstances can be. That’s why our team is dedicated to helping you recover the funds you are entitled to during these unfortunate and stressful times. Contact us today to learn how our team can help with any questions or concerns you have about your child support situation.
