Over my years in practice, I have led my clients through some of the most difficult aspects of divorce, child support, and custody. These are some of the hardest legal issues a person can face. My priority is to build a strategy that respects your needs, follows New York law, and supports your long-term goals. I keep things clear and practical.
In every case, you get close attention. I handle the legal heavy lifting for child support and family law in NY, so you can breathe a bit easier today and protect your future. I work through mediation, negotiation, or litigation, and I shift gears as your situation changes. You will have an advocate who is firm when needed and calm and thoughtful at all times.
Each marital partner comes to divorce and the amount of child support from a unique perspective. In many cases, this difficulty in coming to an agreement can be one of the reasons for divorce in the first place. But when it comes to co-parenting children during and after a divorce, each partner is tasked with the need to come together, maybe as they have never done before, to put the children’s needs ahead of their own. This applies equally to both custodial and non-custodial parents.
As an accomplished New York child support lawyer, I understand the nuances of the law regarding child support orders in the US and can help you navigate the legal landscape while keeping the needs of your children front and center.
Divorce is never easy, no matter how amicable and agreeable the situation is. The reality is that no one goes into a marriage thinking that it may end. And here you are.
Especially when there are children involved, you want the best possible experience for the sake of all involved. That requires a talented child support lawyer. A good lawyer must provide the best possible solution in the worst of times, and that is a skill that is developed with time and experience.
For over a decade, I have passionately represented clients in the dissolution of their marriages in New York with a keen eye toward their emotional safety and financial welfare. You don’t have to face child support issues alone.
Schedule a consultation and contact Juan Luciano Divorce Lawyer today at our phone number (212) 537-5859.
Many clients want to know who is responsible for and how child support is calculated under the law. Child support will be dependent on the couple’s custody situation and the income of both parties. Additionally, many clients are concerned about how much child support they will be required to pay in NYC.f
Under New York State family laws, parents have a responsibility to support their children until the age of 21 or until the children are emancipated. In the case of a divorce or separation, the financial responsibility is mandated in the form of a legal child support order, which sets out the terms of child support as they affect each parent. To learn more about New York’s child support guidelines, contact the law offices of Juan Luciano Divorce Lawyer today at our phone number (212) 537-5859.
Generally speaking, in the case of child support, the non-custodial parent is required to pay child support to the custodial parent to use for the benefit of their child. The non-custodial parent must continue to pay as long as the order for child support is in place, is modified, or the child reaches the designated age of majority.
When considering the amount of child support, the law utilizes what is known as the “income shares model” to calculate child support payments. Under this model, the child, in theory, will be receiving the same proportionate share of the parents’ joint income as he or she would if the parents had remained married. Consequently, both incomes are used in the calculation of child support payments, and the percentages remain the same as they did during the marriage.
Under New York’s Child Support Standards Act (CSSA), the percentages are applied to the combined parental income (not each parent’s gross income separately). As of March 1, 2024, the statutory combined-income cap is $183,000; amounts above that cap may be handled at the court’s discretion.
Every two years, the Child Support Program automatically reviews orders for a possible cost-of-living adjustment; an actual COLA is applied only if the cumulative CPI-U increase since the last order/review is 10% or more.
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After the family court makes a decision about child support, the non-custodial parent is required to pay through a child support order. In the case where a custodial parent is not receiving the mandated child support from the non-custodial parent, the custodial parent can choose to enforce the child support order with the assistance of a New York family law lawyer.
Enforcement can take many avenues, subjecting the noncustodial parent to potential
Over the years, many things may change in the lives and circumstances of co-parents and their families, both physically and financially. These changes may indicate the need for a modification of the child support order. Any change must be deemed “substantial” and fall into one of three categories:
Under these criteria, a support modification petition may be filed with the court.
A judge or officer of the court will examine the circumstances of the case and decide whether the changes warrant a support modification and by how much. The laws for New York child support are challenging. Seeking the help of experienced child support lawyers can be beneficial before filing for any child support modification. Our team at Juan Luciano Divorce Lawyer may be able to help. Call our law office today at (212) 537-5859 for a free consultation and to discuss your options with our experienced New York child support lawyers.
Add-on expenses, which are added to the child support obligation, are calculated in addition to the basic obligation. Each parent is responsible for paying their share of these costs. These add-on expenses include the cost of health insurance for the child, unreimbursed health care expenses (such as co-payments), and a share of any necessary childcare expenses.
The child’s health insurance and other health care expenses such as co-payments usually make up the health care costs. Childcare refers to any childcare expenses that are incurred by the custodial parent while they work, obtain primary or secondary education, or pursue post-secondary, vocational, or other education that is deemed necessary for them to find work.
Both parents share work-related childcare, health-insurance premiums, and unreimbursed health-care costs pro rata (in proportion to income) when ordered. New York law does not impose a blanket consent requirement for these mandatory add-ons; the court allocates them by statute. Educational or extracurricular expenses may be added at the court’s discretion.
It is important to speak to an experienced child support lawyer in New York when dealing with matters such as these mandatory add-on expenses. A skilled lawyer in New York can help you understand your role and responsibilities in the child support order. To schedule an appointment with our top-rated NYC child support lawyers, contact (212) 537-5859.
In New York, child support generally ends at age 21. It can end earlier if your child is legally emancipated. Emancipation can happen if your child marries, joins the military, works full-time at 18, completes four years of college, or permanently leaves home and cuts off the relationship with both parents without good cause. A child who becomes dependent again before 21 can lose that emancipated status.
There is a key exception. If your child has a qualifying developmental disability, a court may order support to continue up to age 26 when the child lives with and is chiefly dependent on the applying parent or caregiver. You must ask the court for that support.
If you believe support should stop because your child is emancipated or has turned 21, review your court order and take action. Some orders include education costs or other terms that affect the end date. If there is a disagreement, you can file in Family Court to terminate or modify the order. Do not rely on informal agreements. The safest path is a written court order that reflects your child’s current status. New York law charges parents with support until 21 unless an exception applies, so careful documentation matters.
An experienced New York City child support attorney can review your order, identify the right end date, gather proof of emancipation, and file the petition to terminate or, if applicable, secure continued support to age 26 for a developmentally disabled adult child.
Despite what may appear on the surface to be simple guidelines and formulas, most divorces and child support cases in New York City are far more challenging and don’t fit neatly into boxes. Many problematic issues often arise at a time when emotions are running high and the financial future of the child is at stake. This is why it is important to get the assistance of a skilled New York child support lawyer when going through a divorce settlement. Whether you are a custodial or a non-custodial parent, having the legal support of an experienced New York child support attorney on your side is invaluable.
To schedule a consultation with a New York lawyer, contact Juan Luciano Divorce Lawyer today at (212) 537-5859.
Juan Luciano is a New York child support lawyer who guides clients to make better decisions for their future. Understanding the emotional strain of family transitions, he focuses on minimizing conflict and helping parents reach objective, child-centered outcomes that protect their families long term.
Taking a collaborative approach, Mr. Luciano negotiates in good faith to achieve fair, workable child support and parenting arrangements, reserving aggressive litigation for when it’s necessary to secure his client’s rights. He is known for clear communication, practical solutions, and respectful advocacy that allows families to move forward.
A seasoned family law practitioner, Mr. Luciano earned his J.D. from the State University of New York at Buffalo School of Law (2004) and was admitted to the New York Supreme Court, Appellate Division, Second Department in 2005. He is certified by the Appellate Division, First Department, to represent children and adults in family law, child protective, and juvenile matters. He has also served as faculty for the Practising Law Institute, as President of the Bronx Family Court Bar Association, and has been featured in major publications, including the New York Law Journal and the Wall Street Journal. He maintains offices in Midtown and the Bronx and is fluent in Spanish.
It’s important to keep in mind that the enforcement of the terms of your divorce only extends to the state of New York. Once one of the parties relocates, removes the child from the state, or discontinues support payments, you must first get the ability to go beyond the state’s jurisdiction to enforce a child support order.
Within the United States, interstate child support establishment, enforcement, and modification are governed by the Uniform Interstate Family Support Act (UIFSA) (codified in New York as Family Court Act Article 5-B). If your former spouse moves to New Jersey, they must continue to pay child support in the same amount.
Neither parent, even in the case of a custodial parent, has the right to move with the child out of the state unless legal considerations are made prior to the move.
Having the representation of a skilled interstate child support attorney in New York is crucial. If you are dealing with an interstate divorce case, for instance, in New Jersey or beyond, hiring a great divorce law firm with experienced child support attorneys can help you resolve the situation with the minimum heartache and expense.
Call Juan Luciano Divorce Lawyer today at (212) 537- 5850 for a consultation regarding child support in NY.
In the case of high-net-worth divorces here in New York, the rules become more fluid, and more care must be taken. The statutes set forth by the family court are meant to be guidelines that work for the majority of couples. But in the case of high net worth clients, child support cases are more highly nuanced and require a more in-depth understanding of the legal and financial implications.
A standard of living analysis must be made, conducting a thorough analysis of what it will take to maintain the family’s standard of living while ensuring that a child’s needs will be met in both parents’ homes. If you are a high net worth individual concerned about New York child support laws, contact Luciano Divorce Law Firm today to speak with a top-rated lawyer for child support.
| Situation / Condition | Termination Age | Exception / Notes |
|---|---|---|
| General rule | 21 | May end earlier if child is emancipated |
| Child with qualifying developmental disability | Up to 26 | Court must order extension; child must live with and be dependent on the parent |
| Emancipation scenarios | Before 21 | Marriage, military service, full-time work at 18, or leaving home and cutting off the relationship |
The educational expenses of a couple’s children are often an important consideration when it comes to child support and family law in New York. Family courts leave some latitude in these cases while trying to continue to serve the child’s best interests.
Unlike medical expenses, the family courts may or may not choose to assign responsibility when it comes to educational costs. Although this flexibility is meant to serve the uniqueness of each case, it often becomes contentious in a divorce. Having a skilled New York child support attorney can ensure that educational benefits for the child are handled carefully and with finesse.
When navigating a divorce, you need the guidance of a compassionate NY family lawyer who can navigate an emotionally difficult time to the greatest legal and financial benefits of the client and his or her children. My job, as your lawyer, is to aggressively advocate for your rights and guide you to the end of the tunnel. Since 2008, I have dedicated my practice to the rights of couples and children in the throes of divorce so they can move toward a brighter future.
When you need an experienced lawyer for child support or child custody, contact the Midtown offices of Juan Luciano Divorce Lawyer to schedule a consultation. When you rely on my track record and experience, you can rest assured that you are in good hands. We can help with child custody and child support issues in New York, Bronx, Westchester County, Upper East Side, and all other areas of New York City.
