Child Support Lawyers Protect Your Long Island, NY Family’s Future

A Strong Child Support Agreement Begins with Strong Representation on Long Island, NY

When parents separate or divorce, the financial needs of their children should be their top priority. Under New York state law, every parent on Long Island has an obligation to provide for his or her children. On Long Island, both parents have a legal responsibility to financially support their child. A well-crafted child support agreement ensures your child’s basic needs are met and that both parents are held accountable and responsible.

At Hornberger Verbitsky, P.C., we represent clients across Long Island who are seeking fair and enforceable child support arrangements. With over 20 years of experience in Nassau County Family Court and Suffolk County Family Court, our experienced attorneys provide aggressive, knowledgeable, and compassionate legal representation tailored to your family’s unique needs and will ensure the best interests of your child are protected.

What Is Child Support and Who Pays It?

In New York, both parents have a legal obligation to support their children financially until the child turns 21. This is true whether the parents were ever legally married or not. Child support refers to the ongoing payments made by one parent (usually the non-custodial parent) to the other to contribute toward the child’s daily living expenses.

What’s the Difference Between a Custodial and Non-Custodial Parent?

The parent with whom the child lives is known as the “custodial parent”. The parent who does not live with the child is known as a “non-custodial parent”. A non-custodial parent must provide financial assistance for the support of his or her child even though he or she does not live with the child. This is true even in cases where a child spends equal time with both parents. In such cases, if the non-custodial parent is the higher earning parent, he or she may have an obligation to make child support payments to the custodial parent for the care of the child.

Child Support payments are intended to be used to support the child with:

• Food and groceries
• Rent or housing expenses
• Health insurance and medical care
• Childcare or afterschool supervision
• School supplies and tuition
• Clothing and personal care
• Recreational and extracurricular activities

In some cases, support may also include college contributions or additional provisions for children with special needs.

How Is Child Support Calculated on Long Island, New York?

New York uses the Child Support Standards Act (CSSA) formula, which calculates the presumptive amount of child support based on both parents’ combined gross income and the number of children involved. The basic guideline percentages are:

• 17% for one child
• 25% for two children
• 29% for three children
• 31% for four children
• No less than 35% for five or more children

Example Child Support Calculation:

If the combined parental income is $100,000 and there are two children, the base support amount would be $25,000 per year. This is then divided proportionally between the parents based on their individual incomes.

The formula above is applied to combined parental income above the poverty income guideline ($11,880 annually for a single person), and up to $143,000. If a parent’s income falls below the poverty income guideline, the minimum amount for basic child support is $300 per year. Above the $143,000 threshold, the family courts in Nassau and Suffolk will consider additional factors such as parents’ financial resources, additional needs of the child, and other factors it determines to be relevant. In circumstances where the total combined parental income amounts to over $143,000, the court may, but is not required to, use the percentages set forth by CSSA. This means that a larger percentage of income may be ordered in order to support the child because there is likely more discretionary income available in these circumstances.

Beyond Basic Child Support:

Courts can also require parents to share the cost of:

• Uninsured medical expenses
• Health insurance premiums for the child
• Childcare expenses incurred due to a parent’s work or education
• Educational costs, including college contributions
• Expenses for children with special needs

Retroactive Child Support in New York

Retroactive child support may also be awarded from the date that the support was demanded. Child support will not be owed retroactively from the date of the child’s birth unless a demand was made at that time.

What If One Parent is Unemployed or Under-reporting Income?

If you are concerned that your ex makes more money than he or she is reporting, resulting in an unfair child support payment amount, it is possible that a court will look further into his or her income. A court can impute the income of a noncustodial parent if that parent is unemployed, underemployed, or reporting less than he or she is actually making.  The imputation of income mechanism may be used by the court in instances in which it appears to the court that an individual is attempting to avoid child support obligations by remaining unemployed or underemployed.

If a parent is intentionally unemployed or hiding income (common among self-employed individuals), the court may impute income based on:

• Prior earnings history
• Lifestyle and spending patterns
• Earning potential based on education or profession

For example, a court may impute the income of the individual by evaluating that individual’s monthly expenditures. For example, if a parent shows income of $11,000.00 per year, but his expenditures amount to $30,000.00 per year, a court may impute the true income by assuming that this individual earns at least $30,000.00 annually.

If you suspect that your ex makes more money than he or she is reporting for purposes of determining child support, you should contact an experienced child support attorney near you as soon as possible. Your child support lawyer may be able to determine if your ex is hiding income and have the court child support payment adjusted accordingly.The attorneys at Hornberger Verbitsky, P.C. are skilled at identifying discrepancies in income disclosures and presenting evidence to ensure the court calculates child support fairly and accurately.

How Custody Arrangements Affect Child Support on Long Island

Child support obligations are directly influenced by child custody and parenting time:

• The non-custodial parent generally pays support to the custodial parent.
• In shared custody arrangements, support may still be owed,  typically by the higher-earning parent, depending on the income disparity and parenting time distribution.

Even in 50/50 custody cases, a support obligation may be imposed if the court determines it’s in the child’s best interest.

Practical Tip:

If your custody order is changing, you should also review your child support order.  A shift in parenting time may justify a modification in your child support.

Can Parents Agree on a Support Amount Different from the Formula?

Yes, parents on Long Island can agree on a different child support amount than the New York State formula, with important limitations.

New York allows parents to deviate from the CSSA formula if:

1. The deviation is explained in writing.
2. The agreement states what the guideline amount would have been.
3. The court determines the alternative amount is fair and in the child’s best interest.

This may apply when:

• One parent pays for private school tuition directly
• Parents agree to share costs equally regardless of income
• There’s a lump sum settlement in lieu of ongoing payments

It’s critical to have an experienced divorce and family law attorney draft or review these agreements to ensure they are legally enforceable and your rights are fully protected.

Modifying Child Support Orders in Nassau County and Suffolk County, NY

A child support order can be modified only if there is a significant change in circumstances. A significant change in circumstances usually means a large increase or a large decrease in income or some other change in the child’s needs or living arrangements.

Family courts on Long Island take child support obligations very seriously. You cannot just change the amount you pay or receive in child support by yourself, even if the other parent agrees. Your child support order is a legal document that is enforceable by law and there are strict penalties including license suspension, and even jail time for non-payment of child support.

You can request a modification of your child support order when there is a substantial change in circumstances or a legal basis under NY law, such as:

• A parent’s income changes by 15% or more
• Three years have passed since the last order
• There has been a change in custody or parenting time
• The child develops new medical or educational needs

A custodial or noncustodial parent may petition the court for a modification of his child support arrangement in order to increase the amount due to increase in cost of living, or to decrease the amount due to a loss of income. A court can also modify the award if at least three years have passed since the award was ordered or modified, and there has been a 15 percent or greater change in either spouse’s income. The party seeking the modification would need to petition the court and ask for the court to change it. If you would like to seek a modification of your child support, it is best to contact a reputable Suffolk County or Nassau County child support lawyer who can help you collect and present the evidence you’ll need to present to convince a Nassau County or Suffolk County family court to modify the child support order.

👉 Visit our Child Support Modification page to learn more.

Enforcing Child Support When Payments Are Missed

Unpaid child support can be recovered by the state in a number of ways.  The Child Support Offices in Nassau County and the Child Support Enforcement Bureau in Suffolk County can garnish wages from the parent’s paychecks, intercept a portion of unemployment benefits or tax refunds, and can even seize of bank accounts. Other consequences for nonpayment of child support can include contempt of court, loss of driver’s license, or even jail time if a noncustodial parent is ordered to pay but does not. A court will consider whether a noncustodial parent has truly fallen on hard times before holding the parent in contempt of court. For example, if a noncustodial parent has lost a job, incurred a large medical expense, or presents some other exceptional circumstances, the court may withhold its power to do so. However, it is important to remember that, under CSSA, this decision is entirely within the discretion of the court.

If your co-parent is behind on payments, don’t wait. New York law provides several enforcement mechanisms, including:

• Wage garnishment through the employer
• Driver’s license suspension
• Freezing of bank accounts
• Tax refund interception
• Passport revocation
• Civil contempt proceedings (which can result in jail time)

Even if the paying parent has moved out of state, we can use federal laws to enforce your order across state lines.

Note:

New York does not reduce or forgive child support arrears (past-due payments), even if you later agree to a lower amount. You must act quickly if you’re unable to pay or if you are owed support.

Interstate & Unmarried Parent Child Support Issues on Long Island, NY

Our attorneys are also experienced in complex family structures, including:

• Unmarried parents: You do not need to be married to seek or be ordered to pay child support. However, paternity must be established.
• Out-of-state parents: If one parent lives outside New York, we can coordinate with other jurisdictions under the Uniform Interstate Family Support Act (UIFSA) to enforce or modify orders. See Interstate Child Custody Issues for more information.

What if the Custodial Parent Refuses to Allow Me to Visit with My Child?

Visitation and child support are separate issues, and a custodial parent cannot violate a court’s order to allow visitation. It is best to seek recourse in the court, such as by having a visitation order enforced or simply by asking the court for a visitation order if you do not have one.

Our Long Island Child Support Attorneys Can Help Protect Your and Your Child’s Future

Whether you expect to pay or receive child support, let Hornberger Verbitsky, P.C. protect you and your child. Contact us today for a free consultation.

📞 Call us now for a free, confidential consultation: 631-923-1910
📍 Serving Nassau and Suffolk Counties on Long Island
🕒 Evening and virtual appointments available

By working with Hornberger Verbitsky, P.C., you benefit from:

✔ Local Court Knowledge: We regularly appear in Nassau and Suffolk Family Courts and understand how local magistrates interpret state law.

✔ Strategic Planning: We look at the big picture — custody, modifications, income trends, and long-term needs — not just today’s numbers.

✔ Responsive Communication: We keep you informed and empowered throughout your case.

✔ Litigation & Negotiation: Whether through mediation, settlement, or trial, we pursue the best result for your family.

Start Protecting Your Child’s Financial Future Today

Whether you’re initiating a new support order, modifying an existing one, or enforcing payment, our team is here to help you every step of the way. Contact us for a free consultation today.