Straightforward answers to the questions we hear most often from people in your situation.
How is child support calculated in New York? ▼
New York uses the Child Support Standards Act (CSSA) formula,which applies a statutory percentage (17% for 1 child,25% for 2,29% for 3,etc.) to the combined parental income up to a statutory cap. Each parent's share is proportional to their income. Factors like health insurance contributions,childcare costs,and parenting time can also affect the final calculation. The NYC Family Court website has a free calculator available to estimate your obligation.
Can my child support order be modified? ▼
Yes — if there has been a substantial change in circumstances since the order was entered. Common qualifying changes include:significant income reduction or job loss,gaining custody of an additional child,a change in the custodial parent's income,or medical circumstances affecting your ability to pay. The change must be unanticipated and substantial — the court does not modify orders just because you'd prefer to pay less.
Can the court waive or eliminate my arrears? ▼
In New York,a court cannot waive child support arrears that have been reduced to a judgment. The only way arrears can be eliminated is if the custodial parent voluntarily agrees to waive them. What an attorney can do is help address the enforcement actions tied to those arrears,and ensure your going-forward monthly obligation is accurate so you stop falling further behind.
What happens if I don't go to court? ▼
If you fail to appear at a child support hearing,the court will typically proceed without you — and the order will almost certainly be set based on what the other side presents. In enforcement matters,missing a court date can result in a bench warrant for your arrest. Never skip a Family Court date — the consequences of absence are almost always worse than attending.
Do I need a lawyer if I have a W2 job and simple income? ▼
If your income is entirely straightforward W2 employment and there are no complicating factors,the support formula is fairly mechanical and an attorney may have limited ability to change the outcome. We always run the numbers with you honestly upfront — including walking you through the NYC child support calculator — before recommending you retain us. We only take your case if we believe we can genuinely add value.
What if I'm self-employed? ▼
Self-employed income is the most complex and contested area of child support calculation. The court looks at gross receipts,legitimate business deductions,and may impute income differently than what appears on your tax returns. Having proper legal representation is especially important when you're self-employed — but it also requires that you provide complete and accurate financial documentation to your attorney.
How quickly can you take my case? ▼
We can typically onboard a new client and assign an attorney within 24–48 hours of the retainer being signed and the first payment processed. If you have a court date in the near future,let us know immediately — we will prioritize your matter to ensure there is adequate preparation time.
What does the flat fee retainer cover? ▼
Our flat fee retainer covers the scope of work we outline in your retainer agreement — typically the case review,preparation,and court representation through the initial hearing or through the resolution of your modification petition. We are transparent about scope upfront. If your case becomes significantly more complex than anticipated,we discuss that with you before incurring additional fees.
