Under New York state laws, parents are required to financially support their child until the age of 21 or until they become legally emancipated. Family courts in New York require that both parents contribute financially to their children’s support and well-being, even when they are no longer a married couple. When a couple decides to separate or divorce, a child support agreement between the two parties sets out how each will contribute to the support of their child.
Whether you and your spouse can mutually agree to child support terms or must rely on the court system, you will need the assistance of a skilled New York child support lawyer to provide guidance and ensure that your responsibilities and those of your spouse are fair and legally sound. At The Law Office of Ryan Besinque, our experienced New York divorce attorneys have dedicated their careers to individuals who are navigating the emotional and financial turmoil of divorce. Let our years of experience work for you.
Contact us via phone at (929) 251-4477.
Child support is the legal obligation of a parent to make periodic payments to the custodial parent for the financial benefit of their child. In most cases, the non-custodial parent makes child support payments to the custodial parent. This helps pay for the basic daily expenses of raising their child, as well as other important financial obligations such as childcare, health insurance, educational costs, and other expenses as they may arise.
If you are attempting to develop a child support agreement with your co-parent, it is important to get the assistance of a skilled child support attorney in New York to ensure that your agreement is within the proper parameters, considers all the options and consequences, and is properly documented so there will be no issues enforcing it in the future. At The Law Office of Ryan Besinque, our experienced attorneys can help you with the support cases that might be affecting your family.
Call us today at (929) 251-4477 to schedule a free consultation.
In the State of New York, both parents are responsible for the financial support of their child. But many are under the misconception that when custody is shared, neither parent must pay child support to the other.
When parents share custody, the primary custodial parent will typically receive child support payments from the non-primary custodial parent. When the child spends equal time with both parents, the one who earns more usually pays child support to the lower wage earner.
But couples can come to agreements outside of these typical scenarios. It is important for divorcing spouses to understand their legal rights and responsibilities before they agree to anything. Once the child support award is in place, there can be serious legal and financial consequences if the father or mother fails in his or her child support responsibilities.
At The Law Office of Ryan Besinque, our experienced child support attorneys guide our clients every step of the way. With our help, you may be able to better understand what you are legally entitled to and your responsibilities under the law. If you need legal advice from an experienced child custody lawyer regarding a family law case, contact us via phone today at (929) 251-4477.
When determining child support in New York, there are specific standards that are used to ensure that there is consistency and fairness when making child support awards. These standards use the annual income of the couple and the number of children who require support. These standards are applied to divorcing co-parents across all income levels.
Child support in New York consists of two different parts. First, basic child support is intended to pay for everyday essentials such as food, shelter, and clothing. Basic child support is paid by one parent to the other, usually the non-custodial parent to the custodial parent, to help cover basic expenses for the child.
Besides basic child support, there are what are referred to as “add-ons.” These can include things such as health insurance, medical costs, child care, educational expenses, extracurricular expenses, and others. Sometimes, these add-ons are not paid to the custodial parent but are paid to the direct provider of the services. If you are in need of legal assistance for your custodial issues, the experienced lawyers from The Law Office of Ryan Besinque are here to help.
Call us today at (929) 251-4477.
When the court orders basic child support, it is calculated using the following steps:
Each parent’s earnings are determined and added together for a combined total income figure.
Each parent’s individual obligation is determined by their pro-rata share of that figure, considering their individual earnings.
The total basic child support obligation is calculated by multiplying the combined parental income up to the statutory cap (currently $183,000 as of March 1, 2024) by the applicable percentage. For income above the cap, the court decides whether to apply the statutory factors and/or the percentages to the excess.
Currently, the total basic child support amount will be calculated based on the following percentages according to the number of children requiring support:
In New York, certain add-ons are mandatory and must be divided pro rata: (1) child care needed for a parent to work, seek work, or attend approved education/training; (2) the child’s health insurance premiums; and (3) unreimbursed health care costs. Educational expenses, such as private school/college, and extracurricular costs, are discretionary. The court may order them after considering the statutory factors. All add-ons, the court orders are typically allocated between the parents in proportion to their incomes.
If you need to navigate a complicated child support case, the experienced attorneys from The Law Office of Ryan Besinque are ready to fight for your rights in and out of the courtroom in order to achieve the most favorable results. We prioritize the best interests of every client.
Call us now at (929) 251-4477.
If there have been substantial changes in your circumstances that necessitate the need to modify the child support you are receiving or paying, child support modification may be considered by the court.
It is important to seek the guidance of an experienced New York child support lawyer if you are considering asking for a modification to your child support.
The Law Office of Ryan Besinque focuses on child support matters across New York City and surrounding counties. Clients receive clear, practical guidance, steady communication, and representation that keeps children’s needs front and center. From initial calculations and deviations to enforcement and modifications, the firm pursues fair support orders with efficiency and care.
Ryan Besinque, Esq., a seasoned family law attorney licensed in New York and California, has represented hundreds of parents throughout Manhattan, Brooklyn, the Bronx, Queens, Westchester, and Nassau. He favors collaborative solutions that reduce conflict; when litigation becomes necessary, he moves decisively to protect parental rights and household stability. Clients appreciate attentive communication, practical strategy, and access to a network of child specialists, mental health professionals, and financial advisors. He also serves the community through the Manhattan Assigned Counsel Panel.
Income calculations can be based on more than just wages from employment. Income can also include things such as government benefits, unemployment, workers’ compensation benefits, pensions and other retirement benefits, stipends, and awards. The court may also consider other things, such as unreported income and income potential.
When one co-parent refuses to pay their child support obligation, the other parent can file a petition with the court with the assistance of their New York child support attorney. A hearing will be set, at which time the court will determine if the failure to pay was a willful one. If non-payment of child support has been found willful, the court has ways to enforce and punish parents who refuse to pay their required child support.
When one co-parent refuses to pay their child support obligation, the other parent can file a petition with the court with the assistance of their New York child support attorney. A hearing will be set, at which time the court will determine if the failure to pay was a willful one. If non-payment of child support has been found willful, the court has ways to enforce and punish parents who refuse to pay their required child support.
Parents who refuse to pay child support may be subject to:
Wage garnishment
Interception of any income tax refunds
Liens on their business or home
Property seizure
Loss of their driving privileges
Loss of their passport
Loss of professional or occupational licenses
Negative impact on their ability to get credit
Judgments that will show up on employment or housing background checks
The court may also hold someone who is delinquent in paying child support in contempt. At The Law Office of Ryan Besinque, we make sure that every client understands their rights and responsibilities under the law. For a free consultation, call us today at (929) 251-4477.
| Enforcement Action | When It Happens | What It Means |
|---|---|---|
| Wage garnishment | When a parent falls behind on child support payments | Money is automatically taken from their paycheck to cover the owed support |
| Interception of income tax refunds | When a parent owes child support arrears | Tax refunds are taken and applied toward unpaid child support |
| Liens on business or home | When the parent owes a significant amount of back child support | Property cannot be sold or refinanced until the debt is paid |
| Property seizure | When other enforcement methods fail | The government can take assets such as bank funds or property to pay support |
| Loss of driving privileges | When a parent is four or more months behind on payments | Driver’s license may be suspended until payments are made |
| Loss of passport | When child support debt reaches a federal threshold (typically $2,500 or more) | Parent cannot get or renew a passport until arrears are cleared |
| Loss of professional or occupational licenses | When the parent is seriously delinquent on payments | Work-related licenses can be suspended or revoked |
| Negative impact on credit | When payments are overdue for a set period or amount | Nonpayment appears on credit reports, making it harder to get loans or housing |
| Judgments on background checks | When the court issues a formal judgment for unpaid support | The debt becomes part of public record and appears on background checks |
When a New York child support order is not paid, the law gives you real tools to make it bite. Income can be taken straight from wages through an income withholding order. Arrears can trigger tax refund intercepts, lottery prize intercepts, bank account freezes, and credit bureau reporting. Licenses may be suspended, including driver and certain business or professional licenses, and serious arrears can block a U.S. passport application. The State can also record support enforcement warrants that are publicly searchable. If administrative steps fail, you can ask the court to find a violation and, in extreme cases, hold the payor in contempt.
You have options, and you do not have to tackle this alone. You can ask Family Court to enforce your order using the free Support Enforcement or Violation Petition program. The Office of Child Support Services can pursue administrative remedies and set up payment agreements that keep money flowing while arrears are addressed.
We can file the violation case, press for wage garnishment, request targeted remedies like bank restraints or license releases, and ensure deadlines are met. If the order no longer fits current income, we can file to modify it while keeping enforcement on track. If your license is threatened or already suspended, we can work with OCSS and the DMV to secure a release or a path to restoration. Our attorneys move quickly, document every missed payment, and keep pressure on the right levers so support reaches your child.
In most matters of divorce, if spouses are able to agree to mutual terms outside of the court, they may do so within specific parameters. But in matters of child support, it is crucial to get legal guidance to ensure that your and your children’s best interests are being served into the future and that the terms of your agreement are enforceable should it be necessary.
At The Law Office of Ryan Besinque, you can have peace of mind knowing that you, your parental rights, and your financial future are in safe hands. If you need assistance in a child support case, get the skilled legal guidance of our New York child support lawyers to ensure that your future and that of your children is protected. Contact us at (929) 251-4477 for a free consultation.