Financial support obligations significantly impact families after separation. Our attorneys help you understand the guidelines, pursue fair arrangements, and enforce or modify existing orders.
Child support and spousal maintenance are critical financial issues in divorce and family law proceedings. These obligations ensure that children continue to receive adequate financial support and that the lower-earning spouse can maintain a reasonable standard of living during and after the transition.
New York uses the Child Support Standards Act (CSSA) to calculate child support obligations. The formula applies a statutory percentage to the combined parental income up to a statutory cap: 17% for one child, 25% for two children, 29% for three, 31% for four, and 35% for five or more. Courts may deviate from these guidelines in certain circumstances, considering factors such as the child's specific needs, the standard of living the child would have enjoyed had the family remained intact, and extraordinary expenses.
Spousal maintenance (formerly known as alimony) may be awarded on a temporary or permanent basis. New York enacted updated maintenance guidelines that provide a formula for calculating temporary maintenance and a set of factors for determining post-divorce maintenance, including the length of the marriage, the income disparity between spouses, and each spouse's earning capacity.
Whether you are seeking support or defending against a support claim, our attorneys provide knowledgeable guidance through every step of the process.
The CSSA provides a formulaic approach to child support, but the calculation can be complex — particularly when parents have variable income, multiple sources of revenue, or income above the statutory cap. Our attorneys work to ensure that all relevant income is properly identified and calculated, including salary, bonuses, commissions, investment income, and income from self-employment. We also address add-on expenses such as childcare, health insurance, and educational costs, which are typically divided between parents in proportion to their income.
New York's maintenance guidelines establish formulas for both temporary and post-divorce maintenance. However, courts retain discretion to deviate from the guidelines based on a comprehensive set of factors. These include the standard of living established during the marriage, the duration of the marriage, the age and health of both parties, the present and future earning capacity of each spouse, reduced earning capacity due to having foregone education or career opportunities during the marriage, and whether one spouse contributed to the other's education, training, or career advancement.
Support orders — whether for child support or spousal maintenance — can be modified if there has been a substantial change in circumstances. Common grounds for modification include a significant change in either party's income, the loss of a job, a change in the child's needs, or the remarriage or cohabitation of the recipient spouse. Our attorneys help clients petition for modifications when warranted and defend against unwarranted modification requests.
When a parent or spouse fails to comply with a court-ordered support obligation, enforcement remedies are available. New York courts can impose wage garnishment, seize bank accounts and tax refunds, suspend driver's licenses and professional licenses, and hold the non-compliant party in contempt of court. In severe cases, imprisonment may be imposed. Our attorneys aggressively pursue enforcement actions to ensure that our clients receive the support they are entitled to.
Important Disclaimer
The information on this page is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and outcomes depend on specific facts and circumstances. Contact our office to discuss your particular situation.
New York uses the Child Support Standards Act (CSSA), which applies statutory percentages to combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more. Courts may deviate based on specific circumstances.
The duration depends on the length of the marriage and other factors. New York's advisory guidelines suggest maintenance for 15-30% of the marriage length for marriages up to 15 years, 30-40% for 15-20 year marriages, and 35-50% for marriages over 20 years. Courts have discretion to deviate.
You can petition the court for enforcement. Remedies include wage garnishment, seizure of bank accounts and tax refunds, license suspension, and contempt of court proceedings. Our attorneys can help you take swift enforcement action.
Every family situation is unique, and the information on this page is general in nature. Schedule a confidential consultation with our experienced family law attorneys to discuss your specific circumstances and learn about your options.