Suffolk County Child Support Lawyer

Parents in New York State are obligated to support their children until the age of 21. When parents divorce, the matter of child support is significant and must be addressed. This is why you must have an experienced child support lawyer on your side. If a couple cannot come to terms outside of court, a judge will establish a support structure that meets the best interests of the child. In New York, courts follow the NYS Child Support Guidelines to determine child support in contested cases. This takes the Child Support Standards Act’s calculations and the other factors that impact child support to determine a fair and just support structure. Everyone’s goal, especially the court’s, is to mitigate the impact of the divorce on the child. If you face a contested divorce based on the unresolved issue of child support, you must have quality legal representation on your side. To learn more about child support in New York State, contact Peter V. Mandi & Associates, Inc. to schedule your initial consultation with an experienced child support lawyer.

The Child Support Standards Act

In New York, a parent’s financial obligation to his or her child is decided by the Child Support Standards Act. The goal of the Act is to continue the quality of life for the child. The Act takes a percentage of the combined parental income up to $183,000 and distributes the support among the parties in proportion to their individual income. The greater the number of children, the greater the percentage. The act rules as follows:

• One child: 17%
• Two children: 25%
• Three children: 29%
• Four children: 31%
• Five or more children: No less than 35%

Other Factors

Many factors can impact a child support agreement. One of the most significant factors in a child support case is who is assigned physical custody. The non-custodial parent may be obligated to pay more per month to offset the custodial parent’s cost for housing, feeding, transporting, and clothing the child. Child custody is also determined based on the parents’ earning capacity, income, debts and assets, education, tax implications, and more. The child’s financial resources, age and health, academic and social life, and financial resources will also come into play.

When does child support end?

As stated above, child support in New York generally ends when a child turns 21. However, there are important exceptions and extensions that parents should understand. Whether you are paying or receiving child support, knowing the specific circumstances under which support may terminate, or continue beyond age 21, is critical.

Early Termination: Emancipation Before 21

If a child becomes financially independent before reaching 21, they may be considered emancipated under the law, thus relieving the parent of any further support obligation. Emancipation may occur if the child:

• Marries,
• Joins the military,
• Becomes fully self-supporting through employment, or
• Voluntarily and permanently leaves the parental home without cause or consent.

In these cases, a parent may petition the court to terminate support. Keep in mind, emancipation is a fact-specific inquiry. A judge will carefully assess whether the child is truly self-sufficient or if there are extenuating circumstances that require continued support.

Extensions Beyond Age 21

While the general rule is that child support ends at 21, there are now circumstances under which a parent’s obligation may extend beyond that. As of New York’s legal updates in recent years, most notably the 2021 enactment of the Support for Adult Children with Developmental Disabilities statute, support may continue up to the age of 26 for a dependent adult child with a diagnosed developmental disability. This extension is not automatic; a parent must file a petition and demonstrate that the child:

• Has a developmental disability as defined by law (such as autism, cerebral palsy, or an intellectual disability),
• Resides with the petitioning parent or receives substantial financial support from them, and
• Requires continued care and assistance beyond age 21.

Support During College

New York does not mandate child support through college unless specifically agreed upon in a settlement agreement or ordered by the court. However, in practice, many parents negotiate contributions toward college expenses, including tuition, room and board, and books, within their divorce or support agreements. These provisions are enforceable, and courts often encourage equitable sharing of post-secondary education costs, especially when both parents are financially able to contribute.

Situations Where Support May Resume

In rare cases, if a child who was previously emancipated returns home due to hardship or becomes incapacitated, a court may consider reinstating support. This is highly fact-sensitive and generally applies only in extraordinary circumstances.

Contact Peter V. Mandi & Associates, Inc.

Child support is a complicated matter for divorcing parents. This is why you must have quality legal support when facing litigation based on contested child support. Peter V. Mandi & Associates, Inc. has nearly a decade of experience fighting for the rights of clients when divorce is a reality. If you need an effective Long Island child support lawyer, contact Peter V. Mandi & Associates, Inc. for a consultation today.