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In New York, the law establishes that parents are required to provide financial support for their children until age 21. However, there are also situations in which that responsibility can extend to age 26.
New York’s Family Court Act governs these obligations and sets the criteria for calculating payments, as well as the consequences parents may face if they fail to comply with a support order.
Who has to pay child support?
Regardless of whether they are married, separated or divorced, both parents must contribute financially to the support of their children under 21.
However, the support payment is the responsibility of the parent who does not have primary custody of the child, while the parent living with the child generally contributes through everyday expenses.
New York courts also consider exceptional cases:
- Both parents: may have to pay support if the child lives under the care of a relative or a third party.
- Parents who live together: one may be ordered to pay if they refuse to contribute to the child’s expenses.
In what cases does New York law require support until age 26?
According to section 413-b of Article 4 of the Family Court Act, a court may order support to continue until age 26 when the child has a developmental disability and depends financially on their parents or caregivers.
To authorize this extension, the following conditions must be met:
- The child has a developmental disability recognized under state law.
- The child lives with the parent or family caregiver requesting support.
- The child depends primarily on that person for financial support.
- The disability is supported by a diagnosis and report from a licensed health care professional.
The extension is not granted automatically. The parent or family caregiver must file a request with the court, which will assess the conditions and determine the amount due.
How is child support calculated in New York?
According to the report Review of the New York Child Support Guidelines (2023), the support amount is calculated by considering both parents’ incomes and the number of children who must receive financial support.
The law sets the following percentages based on the parents’ combined income:
- 1 child: 17%.
- 2 children: 25%.
- 3 children: 29%.
- 4 children: 31%.
- 5 or more children: no less than 35%.
To determine the payment, the court adds both parents’ incomes after allowed deductions and calculates how much each must contribute based on their share of total income. Other expenses such as health care, child care and education may also be considered.
According to the official 2026 child support table, the percentages generally apply up to a combined parental income of US$193,000 a year. Once that threshold is exceeded, the court may use additional criteria to determine the amount.
What are the consequences of child support debt?
The New York Office of Temporary and Disability Assistance (OTDA) sets out different measures to recover past-due support payments.
Depending on the amount owed, the length of the delinquency and other conditions, authorities may impose the following penalties:
- Tax refund interception: use state or federal tax refunds to cover debts.
- Asset seizure or freezing: hold funds in certain bank accounts and other property.
- Driver’s license suspension: when the requirements established by the program are met.
- Professional license suspension: restrict certain state licenses or permits.
- Passport restrictions: deny an application for or renewal of a U.S. passport when the debt reaches US$2,500 and federal criteria are met.
- Credit bureau notification: report outstanding child support debts.
These measures are not applied automatically in every case, and each process has specific conditions and ways to request a review if an error was made.