What to Know About Child Support and Visitation in New York

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Child support and child visitation are two complex matters and you may have a number of questions about the topics. Read on to learn more about child support and visitation in New York.

What is visitation?

In New York, parents and guardians are awarded two main forms of custody: physical and legal. Physical custody is awarded to the parent who has the child for more nights during the week. Some parents work to share physical custody equally. Legal custody gives a parent the right to make important decisions in their child’s life. These decisions may involve religion, education, healthcare, relocation, and more. If you are not awarded physical custody, you may still be awarded legal custody.

In some cases, a parent will be deemed unfit. When this happens, the fit parent receives sole custody. Typically, the unfit parent will have supervised or unsupervised visitation with the child, however, this is not always the case. A parent may lose custody for the following reasons:

  • Abuse
  • Neglect
  • Refusal to co-parent
  • Substance abuse

Do I have to pay child support if I don’t have visitation?

If you are ordered to pay child support by the court, you will have to do so, even if you do not have visitation.

How is child support determined?

The formula for calculating child support in New York is based on a percentage of the combined income of each parent and the number of children that require financial support. If the combined parental income exceeds $143,000 the court will apply the following child support percentages:

  • One child- 17%
  • Two children- 25%
  • Three children- 29%
  • Four children- 31%
  • Five or more children- at least 35%

In addition, the court may examine the following factors when making a decision regarding child support:

  • How many children are in your household
  • Whether you or your former spouse have hefty medical bills
  • Your gross yearly income
  • Your child’s age
  • Whether your child has any special needs
  • Whether your child is pursuing a higher education

If you have any questions or concerns about child support and visitation in New York, reach out to our firm right away. We are here to advocate for you.


Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.

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