Child Support Lawyer in Commack, NY
Legal Representation in all Child Support Matters in Nassau & Suffolk Counties
How Child Support is Calculated in New York
Parents in Nassau and Suffolk Counties have a legal duty to support their children, but disputes over fair child support amounts are common. At the Law Office of J. Douglas Barics, our experienced Commack child support attorney ensures you get the right support—whether you’re seeking payments or defending against inflated claims.
Child support is available as an ancillary issue in any matrimonial action or as an independent proceeding in Family Court. Child support is based applying a percentage of income without requiring the court to determine the needs of the child. The New York Child Support Standards Chart is available from New York State to assist people in determining the approximate amount of annual child support.
How Child Support is Calculated in New York State
Child support is based on an income model which uses a percentages of income based on the number of children. When both parents are W-2 wage earners and both are acting in good faith, child support calculations are straightforward, for one child it is 17%, two children 25%, three children 29%, four children 31% and five or more no less than 35%. Many people successfully represent themselves without an attorney in child support matters for these routine cases.
Issues can arise when one parent seeks to manipulate their income to avoid paying support, or the combined income exceeds the statutory cap. Determining what is income can be another factor as well, especially when a party is self employed. In these cases, retaining a lawyer is helpful.
Services Offered
- Child Support Calculation: Assistance clients in determining CSSA guideline child support including adjustments to adjusted gross income and finding underreported or hidden income.
- Representation in Child Support Proceedings: Representation in both matrimonial actions and Family Court proceedings for child support.
- Complex Child Support Situations: Expertise in dealing with imputed income based on lifestyle expenses and ensuring child support reflects true earning capability to prevent a parent from artificially lowering their income to avoid child support.
- Needs-Based Child Support Award: Use of needs based awards as a method to counter non disclosure of income by the non custodial parent.
Why Choose The Law Office of J. Douglas Barics
At the Law Office of J. Douglas Barics, we have extensive experience in child support matters. If your spouse is trying to lower their income to avoid support, or if they are seeking an excessive amount of support, we know how to protect your rights at the trial and appellate levels.
Do you need representation in a divorce that includes a determination of child support?
Contact us online or at (631) 864-2600.
What you need to know about New York Child Support
How is child support calculated in New York?
Child Support in New York is calculated based on a percentage of income. Each parent is required to pay a percentage based on the number of children up to a combined income of $183,000 as of 2025.
- One child: 17%
- Two children: 25%
- Three children: 29%
- Four children: 31%
- Five or more children: no less than 35%
How is the children's health insurance paid?
The children's health insurance is paid by calculating the ratio of each parent's income, and that percentage is that parent's obligation towards the health insurance premiums. If the non custodial parent provides the health insurance, they get the payment as a credit. If the custodial parent is the insurance provider, the non custodial parent's share is added to the basic support.
How are out of pocket medical expenses paid?
Out of pocket medical expenses are paid by requiring each parent to pay a percentage of the expense based on a ratio of the parental income.
How are day care expenses paid?
Day care expenses are paid by dividing the cost between the parents in a ratio equal to their incomes.
Is there a child support calculator?
There is a free online child support calculator available at the Unified Court System website. Free Child Support Calculator.
What is imputed income?
Imputed income is income the court determines that a parent has the ability to make but is intentionally not earning so as to avoid paying the full amount of child support. When the court finds that a parent is found to have artificially lowered, the court can base child support off that parent's ability to earn.
What is a needs based award of child support?
A needs based child support award is available when a parent has been found to intentionally avoid disclosing their income, making it impossible to determine a guideline amount of support. The support is then not calculated by a percentage of income, but what the needs of the child. In addition, if it is later found that a guideline amount would have resulted in higher support, it is automatically granted retroactively.
For More Information, See Our In-Depth Child Support Articles
Explore our child support articles by J. Douglas Barics for more insights on your child support case.
- Basic Child Support under CSSA Guidelines
- Child Support in New York - Special Situations
- Modification of Child Support in New York
Contact Our Child Support Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any divorce involving child support, no matter how challenging or complex. With over 20 years of experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled matrimonial lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.