In re: Child supportFamily Court · Supreme CourtManhattan · Queens · All five boroughs
Child support attorney in Queens & NYC
Reviewed by David Schnall, Esq.Last reviewed
Establishing, modifying and enforcing child support in Family Court and Supreme Court, whether you receive support or pay it. Support is decided on the numbers, and David Schnall has a background in finance and accounting.
Free virtual consultation · By video or phone · Confidential
33
Years of family law
N.Y. Bar 1993 · S.D.N.Y. 1994
1,000+
Clients represented
Family law only
4.9
Rating on Avvo
58 client reviews
4×
Avvo Clients’ Choice
2018 · 2019 · 2021 · 2023
NYU
School of Law
J.D. 1991 · B.A. in Finance and Accounting
Every
NYC Family Court
Plus NYS Supreme & S.D.N.Y.
In brief
Child Support in New York: key facts.
General information about New York law, not advice about your case. Each point is explained below.
- Which court
- Family Court, generally before a Support Magistrate, or Supreme Court within a divorce.
- The percentages
- 17% of combined income for one child, 25% for two, 29% for three, 31% for four, at least 35% for five or more.
- The income cap
- Combined parental income up to $193,000, from March 1, 2026.
- Until what age
- 21, unless the child is emancipated earlier.
- Changing an order
- On a substantial change in circumstances; or, unless the parents opted out in writing, after three years or a 15% change in either parent’s income.
Support is decided on the numbers.
Child support in New York is set by a formula, but the formula is only as good as the income figures that go into it. Leave out a side business, miss a deduction, or take the other parent’s pay stub at face value, and the order can be wrong for years.
If you receive support, that can mean money your child never sees. If you pay, it can mean an amount you can’t sustain, with arrears that keep growing and enforcement that follows.
Either way the job is the same: build an accurate financial record, apply the law correctly, and argue for the right number, not the first number.
Child support, from the first order on.
Whether you receive support or pay it, in Family Court or as part of a divorce.
Establishing support
A first child support order, with every source of income on the table and the guidelines applied correctly.
Modifying an order
When income, needs or circumstances change, asking the court to raise or lower the amount, and filing promptly, because timing matters.
Enforcement and arrears
When support isn’t paid: violation petitions and the enforcement tools New York provides to collect what is owed.
Add-on expenses
Child care, health insurance and unreimbursed health costs shared in proportion to income, and educational expenses where the court orders them.
Hidden and imputed income
When a parent is paid in cash, underemployed or hiding income, asking the court to base support on what they can earn, not only what they report.
Answering an unfair claim
If you pay support, making sure the order reflects your real income and the deductions the law allows, and challenging figures that don’t add up.
Not sure your situation fits a box? Most family cases touch more than one. The consultation sorts that out.
Discuss your caseA lawyer who reads a balance sheet.
- i.
A degree in finance and accounting
B.A. in Finance and Accounting, University of Florida
Tax returns, business records, bank statements, deductions: David Schnall’s background in finance and accounting goes into building the financial record the court decides support on.
- ii.
Both sides of the table
Whether you receive support or pay it
The firm represents parents who receive support and parents who pay it. Knowing how the other side will argue the numbers is how you prepare your own.
- iii.
33 years in Family Court and Supreme Court
1,000+ clients · every NYC Family Court
Support is heard in Family Court, or in Supreme Court within a divorce. He has represented clients in both, in every New York City borough.
How a support case moves in New York.
Most child support cases in New York City are heard in Family Court. This is the usual path.
Which court
Family Court, where a Support Magistrate generally hears the case, or Supreme Court when support is part of a divorce.
- 01
Free consultation and the numbers
Bring what you know about both parents’ income. You leave with a realistic view of what support should be, how the case will unfold, how long it may take, and what it may cost.
- 02
The petition
A support case starts with a petition filed in Family Court and served on the other parent. Petitions to modify or enforce an existing order are filed the same way.
- 03
Financial disclosure
Both parents file sworn financial disclosure with their tax returns and pay stubs. This is where missing income is found, or where an inflated claim is answered.
- 04
Before the Support Magistrate
Support cases in Family Court are generally heard by a Support Magistrate, who can set a temporary order while the case proceeds.
- 05
The hearing and the order
The magistrate applies the Child Support Standards Act to the evidence and issues an order: the basic amount, the add-on expenses, and how payment is made.
- 06
Enforcement, or modification later
If support isn’t paid, the order can be enforced. If circumstances change, it can be modified, but generally only back to the date the petition was filed, so don’t wait.
How New York calculates child support.
The Child Support Standards Act sets the formula. The percentages are fixed by law; the arguments are about income.
- 1 child
- 17%
- 2 children
- 25%
- 3 children
- 29%
- 4 children
- 31%
- 5 or more (at least)
- 35%
Applied to the parents’ combined income up to the cap, $193,000 as of March 1, 2026 (it is adjusted every two years). Above the cap, the court may apply the percentages, consider the factors the law lists, or both. Each parent’s share is in proportion to income.
Combined parental income
Each parent’s gross income, as shown on the most recent tax return or as the court finds it, minus certain deductions the law allows, such as FICA taxes, New York City income tax, and support actually paid for other children. The court can also impute income a parent could earn but doesn’t report.
Proportional shares
The basic amount is divided between the parents in proportion to their incomes. The parent who doesn’t have the child most of the time pays their share to the other.
Add-on expenses
When the custodial parent works or goes to school, reasonable child care costs are added and shared in proportion to income. Health insurance and unreimbursed health costs are shared the same way, and the court may add educational expenses.
Until age 21
In New York, parents are responsible for supporting a child until age 21, unless the child becomes emancipated earlier.
Modification
An order can be modified on a substantial change in circumstances. Unless the parents opted out in a written agreement, it can also be modified when three years have passed since it was entered or last changed, or when either parent’s gross income has changed by 15% or more.
Arrears
Support that came due before a modification petition was filed generally can’t be reduced or forgiven. If your income drops, file promptly: the order keeps running until the court changes it.
General information about New York law, not legal advice for your situation. The law changes and every case turns on its facts; the free consultation applies it to yours.
He saved a single mom from wasting thousands of dollars. He was the only attorney I called that listened then gave me honest & transparent advice about what I should do. If I need to circle back again, I will be hiring him. Nonetheless, I will definitely be referring everyone I know to him.
Mr. Schnall is dangerously professional and has a mind like a steel trap. Very good at turning the heat up when necessary to turn the tables. Well worth the investment for sure!
Reviews are quoted exactly as clients wrote them and reflect individual experiences. Prior results do not guarantee a similar outcome.
Read more client reviewsAn honest assessment, not a sales pitch.
Your free consultation covers how to achieve your goals, how your case will unfold, how long it will take, and the estimated costs.
Free consultations are virtual, by video or phone: start from anywhere.
Free virtual consultation · By video or phone · Confidential
Child Support: straight answers.
The questions people ask first, answered plainly. Your own facts are what the free consultation is for.
As a percentage of the parents’ combined income, set by the Child Support Standards Act: 17% for one child, 25% for two, 29% for three, 31% for four and at least 35% for five or more, on income up to a cap ($193,000 as of March 1, 2026). Each parent’s share is in proportion to income, and child care, health care and sometimes education costs are added.
Generally until the child turns 21, unless the child becomes emancipated earlier.
Often, yes. A parent can ask the court to modify an order on a substantial change in circumstances and, unless the parents opted out in a written agreement, after three years or when either parent’s gross income has changed by 15% or more. A change generally applies back to the date the petition was filed, not before.
You can file a violation petition in Family Court, where the court has several enforcement tools. New York’s Child Support Program can also act without a court date, for example by intercepting tax refunds, suspending a driver license or reporting to credit bureaus. The consultation will tell you which route fits your situation.
The court isn’t limited to reported income. It can look at a parent’s spending, work history and earning ability, and impute income to a parent who is hiding or deliberately reducing it. Building that record is exactly where a background in finance and accounting helps.
No. The order stays in effect until the court changes it, and missed payments become arrears that generally can’t be reduced later. File a modification petition as soon as your income changes.
Begin the record.
What you’ll learn in your free consultation
- 01How to achieve your goals
- 02How your case will unfold
- 03How long it will take
- 04The estimated costs
An honest assessment, not a sales pitch.
Free consultations are virtual, by video or phone: start from anywhere.Same-day response from the firm