Support – Spousal and Child

New York City Spousal and Child Support Lawyers

Serving clients throughout New York City — including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island — as well as the surrounding metropolitan area, including Nassau, Suffolk, Westchester, and Rockland Counties

Two critical financial issues in New York divorces are spousal support and child support. Without these payments, a spouse could struggle to start their next life chapter after a divorce, especially if they have custody of young children. Unfortunately, obtaining spousal support or child support payments sometimes isn’t easy, and some spouses refuse to pay their court-ordered support.

If you have a spousal support or child support issue in Queens or Long Island, trust Gildin Chapman to guide you through the process of getting the money you need and protect your interests. Our New York family law attorneys have decades of experience and have helped thousands of people like you achieve their goals. Whether you’re in the middle of a divorce and need help getting the financial support you need or your spouse isn’t paying their required support, we can find the best way forward. Call us today or complete our contact form for a complimentary consultation.

Types of Spousal Support (Alimony) in New York

There are two types of spousal support, also called spousal maintenance or alimony, that New York courts can order during a divorce. The first is temporary maintenance, also called “temporary support pendente lite.” A spouse makes these payments to the other spouse while the divorce is pending, and the payments end once a judge issues the final divorce decree. A spouse requesting temporary maintenance must demonstrate that they need the payments to cover their living expenses until the divorce concludes. There are fixed, complex formulas for determining temporary maintenance payments under New York law, and a lawyer can evaluate your case to estimate how much you might receive or have to pay.

The second type of spousal support in New York is post-divorce maintenance. As the name suggests, these are payments one spouse makes to the other once the divorce is finalized. The purpose of these payments is to help the recipient spouse maintain their pre-divorce standard of living. Usually, the spouse who earns more money pays maintenance to the spouse who either has a lower income or doesn’t work. The courts can order these payments for a fixed or indefinite period, but post-divorce payments end automatically if the recipient spouse remarries or either spouse dies.

Is Spousal Support Mandatory in New York?

Spousal support is not required in New York divorces. Either spouse can request spousal support, but the courts do not have to award it. They’ll evaluate the circumstances of the case, including both spouse’s income and needs, to determine whether a spouse will receive support payments and the amount of those payments. Additionally, a parent with primary custody of any children from the marriage is more likely to receive spousal support to make sure the child has the resources they need.

How Long Does Spousal Support Last in New York?

Judges can order spousal support payments for any period they deem appropriate based on the facts of the case. However, permanent maintenance is rare in New York.

Broadly speaking, the length of the marriage is the primary factor judges look at to determine how long a spouse will pay maintenance. Calculating the amount of these payments involves additional factors. The typical duration of maintenance payments is:

Marriages lasting 0–15 years – Maintenance payments usually last for 15-30 percent of the marriage’s length.
Marriages lasting 15–20 years – Maintenance payments usually last for 30-40 percent of the marriage’s length.
Marriages lasting 20+ years – Maintenance payments usually last for 35-50 percent of the marriage’s length.

How New York Courts Decide the Amount of Spousal Maintenance Payments

New York law outlines a complicated formula for calculating spousal maintenance payments. (You can view the state’s maintenance calculator here.) However, judges also have discretion to deviate from this formula if they believe it’s appropriate. Some factors judges consider when making maintenance decisions include:

Each spouse’s age and health
The current and future earning capacity of both spouses, including whether either spouse has a limited work history
The tax consequences of any support payments
Each spouse’s standard of living during the marriage
Whether one spouse needs additional education or training to support themselves
Whether a spouse gave up their career during the marriage
The potential cost of child care for a spouse with custody of any children from the marriage
Whether either spouse wasted any of the couple’s marital property
Any contributions by one spouse to help the other spouse’s career
How the spouse will divide their shared property

How Child Support Works in New York

Usually, the spouse who does not have primary custody of any children from the marriage makes child support payments to the custodial spouse. The idea behind these payments is that parents have a financial responsibility to take care of their children even after a marriage has ended.

A couple getting divorced can try to reach an agreement on child support payments themselves, though the courts must approve any agreement. If the spouses cannot agree or a judge believes the payments are insufficient to meet the child’s needs, the courts will determine how much one spouse will pay the other. A prenuptial agreement can define a spouse’s child support obligation in New York, but a judge can invalidate the child support agreement and issue a new one if the amount outlined in the agreement the spouses present is not enough to meet the child’s needs.

How Long Do Child Support Payments Last in New York?

Child support payments usually last until the child turns 21. However, a parent’s child support obligation may end if the child is under 21 and:

Similarly, a child may be considered emancipated if they are under 21, have left their parents’ homes, and won’t obey their parents’ “reasonable commands.” Parents do not owe child support to emancipated children, so their obligation ends in these circumstances.

Finally, a parent may have to continue making child support payments after a child turns 21 if the child has special needs. In these cases, the courts can order a parent to pay child support until the child turns 26.

Calculating Child Support Payments in New York

Child support payments in New York are based on the income of the noncustodial spouse. The formula involves determining the paying spouse’s gross income, deducting certain expenses, and then multiplying that number by a percentage based on the number of children the custodial spouse is caring for. The specific percentages are:

After completing this calculation, the courts add the paying spouse’s share of child care, medical, and educational expenses to determine the basic support amount. In cases where the spouses’ combined income exceeds a certain threshold ($183,000 as of 2024), the courts can deviate from the statutory formula to determine an appropriate child support amount.

Modifying a Child Support or Spousal Maintenance Order

Either spouse can ask the courts to modify a child support or spousal maintenance order. However, they must demonstrate that there has been a significant change in either their circumstances or the child’s life to justify the modification. Anyone who wants to modify a child support or spousal maintenance order should seek help from an experienced attorney.

Contact Our New York City Child Support and Alimony Lawyers Now

Whether you need assistance with obtaining child or spousal support or your spouse is refusing to comply with a court order, our experienced and aggressive family law attorneys can protect your rights and guide you through the legal process. Call Gildin Chapman now at 516-524-5657 or reach out online for a free case review.