Where there are children of the marriage under the age of 21, New York law mandates an award of child support. It may not be waived or reserved.
Proper notice of the amount of the award, and by whom payable, must be served on the defendant, usually as part of the divorce action (if not done previously). The divorce judgment must contain a paragraph specifically ordering an amount certain to be paid to the custodial parent, or resident parent if joint custody, or resident adult if the children do not reside with either parent.
The three methods by which the proper amount of child support may be determined are:
- An existing order of support from Family or Supreme Court can be continued (if less than three years since the last review or revision).
- A child support stipulation pursuant to DRL §240, executed as an acknowledgment by both parents is acceptable.
- If the parties do not stipulate to child support, support must be determined by the Child Support Standards Act formula. A child support worksheet must be submitted, showing the income of both parents, with roper adjustments. The amount to be paid by the non-custodial parent will be calculated by application of the appropriate percentage to their adjusted gross income. No other amount of support is acceptable, except by stipulation.
Where the custodial parent is receiving Public Assistance use of the Support Collection Unit is mandatory.
