Rochester Child Support Lawyers

Over a Century of Family Law Experience in Monroe County

Child support decisions shape children’s financial stability and both parents’ daily lives. Whether you’re establishing a new order, contesting a calculation, or trying to collect what’s owed, the stakes are real and the rules are specific. At Osborn Reed & Burke, LLP, we’ve represented parents on both sides of these matters since 1916, bringing the litigation depth of a full-service firm to cases that range from straightforward calculations to contentious enforcement proceedings.

We represent both custodial parents seeking fair orders and noncustodial parents managing or contesting obligations. When child support intersects with divorce, custody, or paternity, our multi-practice resources mean you don’t have to piece together separate representation for each issue.

Call our Rochester office today at (585) 542-1778.

Who Is Entitled to Child Support in New York?

New York law holds both parents financially responsible for their children regardless of whether they were ever married. The circumstances that trigger a support obligation vary, but the legal framework applies consistently across situations.

Common situations giving rise to a support obligation include:

• Divorce or legal separation, where child support is resolved as part of the proceedings
• Unmarried parents, once paternity is established; if paternity is disputed, the court can order DNA testing
• Shared-custody arrangements where one parent earns substantially more, which can still produce a support obligation even without a sole custodial parent

Custodial parents may request temporary child support orders while a case is pending so that financial obligations don’t lapse during proceedings. For unmarried parents, support proceedings are handled in Monroe County Family Court; when child support arises in a divorce, it is addressed in Supreme Court. The same Child Support Standards Act standards govern both venues.

How New York Calculates Child Support Under the CSSA

New York child support is calculated under the Child Support Standards Act (CSSA), found in Domestic Relations Law Section 240 and Family Court Act Section 413. The CSSA applies a fixed percentage to the combined parental income based on the number of children: 17 percent for one child, 25 percent for two, 29 percent for three, 31 percent for four, and at least 35 percent for five or more.

How the Base Obligation Is Calculated

Each parent’s share is prorated based on their portion of the combined income. If one parent earns 60 percent of the total, that parent pays 60 percent of the support obligation. As of March 1, 2026, the combined parental income cap is $193,000, a figure subject to periodic adjustment under New York’s biennial review process. Courts have discretion to apply the CSSA percentages to income above that cap.

Beyond the base calculation, mandatory add-on expenses are calculated separately and also prorated between the parents. These include work-related childcare costs, health insurance premiums for the child, and unreimbursed medical expenses. Courts may also impute income to a parent who is voluntarily unemployed or underemployed, drawing on that parent’s education, work history, and local job market conditions.

How We Help Clients with the Calculation

How income is documented and characterized matters. We advise clients on presenting financial records, special expenses, and relevant circumstances so the court has an accurate basis for its calculation. When factors support a deviation from the formula, such as the child’s standard of living before the separation or significant educational or medical needs, we build that record as well.

Modifying Existing Support Orders

Changes in income, employment, health, or custody arrangements can justify revisiting an existing child support order. But modification isn’t automatic. It requires a formal legal process and a demonstration of a substantial change in circumstances.

New York law also provides two statutory grounds for modification that don’t require a change-in-circumstances showing: at least three years have passed since the order was entered or last modified, or either parent’s income has changed by 15 percent or more. Either parent may petition; the parent requesting the change bears the burden of proving the grounds.

Our attorneys assist clients in filing modification petitions, gathering supporting documentation, and presenting a case for or against adjustment. We advocate for arrangements that balance the child’s needs with each parent’s financial realities, whether the client is seeking an increase, a decrease, or opposing a change to an existing order.

Enforcement When a Parent Fails to Pay

A court order is only effective if it’s followed. When a parent stops paying or falls behind, New York provides several legal tools to collect unpaid support and hold the nonpaying parent accountable.

Enforcement mechanisms available under New York law include:

• Wage garnishment through income withholding orders sent directly to the paying parent’s employer (included in all new orders as a standard matter)
• Liens on real and personal property
• Seizure of bank accounts
• Interception of state and federal tax refunds
• Suspension of driver, professional, or sporting licenses
• Contempt of court proceedings in the court that issued the original order

Child support in New York continues until the child turns 21 or is emancipated, whichever comes first. Emancipation can occur through marriage, military service, or the child becoming self-supporting. A parent facing an enforcement action, including a potential contempt finding, has the right to legal representation and may have options for addressing arrears before sanctions escalate.

We represent clients on both sides of enforcement matters: custodial parents pursuing collection of arrears and noncustodial parents responding to enforcement actions.

Talk to a Rochester Child Support Attorney

Whether you’re establishing a support order, seeking a modification, or dealing with an enforcement dispute, you deserve representation from attorneys who know Monroe County Family Court and the full range of issues that can arise in these cases. Osborn Reed & Burke, LLP has served the Greater Rochester Area since 1916, and we bring practical guidance, strong litigation capabilities, and responsive communication to every matter we handle.

Contact our office to schedule a consultation. We are located in The Park at Allens Creek in Rochester, with convenient access to the I-590 and I-490 interchange, and we serve clients throughout the Greater Rochester Area. Also see our related child custody representation for matters where support and custody overlap.

Call (585) 542-1778 or contact us online today.