Who hears a child support case in Family Court?
A support magistrate, not a judge. Support magistrates handle the calculation, the hearing, and the order. If you disagree with the result, you file written objections and a Family Court judge reviews them — that is the route, and it runs on a deadline.
This matters practically: a support hearing is a real proceeding with sworn financial disclosure, not an administrative formality.
How is the amount calculated?
In short: combine both incomes, apply the percentage for the number of children, apply the cap, then divide the obligation pro rata by each parent’s share of income. Health insurance, unreimbursed medical, and childcare are shared on top in the same proportion.
Support continues until the child turns 21 in New York, unless the child is emancipated earlier.
What if the other parent is not paying?
Non-payment is enforceable, and the tools are substantial. A violation petition can lead to an income execution against wages, interception of tax refunds, suspension of driving and professional licenses, a money judgment for arrears, and — where a court finds the failure to pay was willful — commitment to jail.
Willfulness is the pivot. A parent who genuinely cannot pay is in a different position from a parent who has chosen not to, and the answer to a violation petition is different in each case.
What if the amount no longer fits?
A support order can be modified where there is a substantial change in circumstances, where either parent’s income has changed by 15% or more, or where three years have passed since the order was entered or last modified.
Two things worth saying plainly. Support does not adjust itself — an order stands until a court changes it, so a parent who loses a job and stops paying accrues arrears rather than a defense. And arrears that have already accrued generally cannot be cancelled retroactively. File promptly.
Frequently asked questions
How is child support calculated in New York?
By applying a statutory percentage to combined parental income — 17% for one child, rising with the number of children — up to a combined income cap of $193,000 as of March 1, 2026, then dividing the obligation between the parents in proportion to their incomes.
Until what age is child support paid in New York?
Until the child turns 21, unless emancipated earlier. New York’s age is higher than in many states.
Can I get child support if we were never married?
Yes. Support is owed by both parents regardless of marital status. Where parentage is disputed, it is established first.
What happens if I lose my job?
File for modification promptly. The order remains enforceable until a court changes it, and arrears that accrue in the meantime are generally not cancelled later.
Can we agree on our own support amount?
Yes, but the agreement must state the guideline amount and explain why you are departing from it. An agreement that omits this can be vulnerable to challenge.
Related: Child Custody & Parenting Time · Spousal Support & Maintenance · Orders of Protection · back to Family Law
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539