One of the most common questions we receive at Gilmer Law Firm, PLLC, from non-custodial parents in Brooklyn, New York, is:
“Do I have to pay child support back to the day my child was born?”
The short answer is: No.
In New York, you are only responsible for paying child support from the date the custodial parent officially requests it—not from the child’s birthdate, unless there’s a prior agreement or judgment stating otherwise.
When Does the Child Support Obligation Legally Begin?
Under New York Family Court Act § 440(1), a parent’s obligation to pay child support begins on the date the petition is filed, not before.
So, if the residential parent files a petition for child support on March 1, 2025, the earliest the court can order retroactive support to is that date. Similarly, in divorce cases, the obligation begins when temporary child support is formally requested by motion or order to show cause.
If no request for support is made during the divorce proceeding, the clock doesn’t start ticking.
Beware: Divorce Judgments Can Still Require Support!
In uncontested divorce cases, parties often agree to child support terms and include them in their Judgment of Divorce. However, some people forget to pay this court-ordered support—especially when it’s not being automatically garnished from their wages.
This can result in years of arrears, which you may be legally required to pay later, even if you didn’t receive a warning notice. Always review the support section of your divorce judgment carefully, and set up payment systems to avoid falling behind.
How Much Will I Pay?
In New York, child support is based on a statutory percentage of the combined parental income up to a cap (currently $183,000). Here’s the breakdown:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- At least 35% for five or more children
For income over $183,000, the court has discretion to apply the percentages or adjust based on additional factors, such as the child’s needs or each parent’s financial resources.
When Does Child Support End in New York?
Typically, a parent must pay child support until the child turns 21, unless the child is:
- Married
- Self-supporting
- Enlisted in the military
- Emancipated (between ages 17–21 and refuses to obey reasonable parental rules or voluntarily leaves home)
Emancipation ends the support obligation.
Legal Representation in Brooklyn, NY Child Support Court
In Kings County Family Court, parties can represent themselves or hire attorneys. If a parent is facing incarceration for failure to pay support, the court will assign an attorney if they cannot afford one.
At the Gilmer Law Firm, PLLC, we represent both custodial and non-custodial parents in child support matters, helping our clients:
- Understand and protect their rights
- Respond to petitions or motions
- Avoid costly arrears
- Navigate complex enforcement or violation hearings
- Modify existing support orders
Schedule a Consultation With a Brooklyn, NY Child Support Attorney
If you’ve been served with a child support petition or are worried about arrears in your divorce case, don’t wait. Brooklyn Family Court is nuanced, and child support orders can have lasting financial impacts.
At Gilmer Law Firm, PLLC, we are committed to protecting your interests and helping you resolve child support issues with clarity and confidence.
