New York Divorce With Children (2026) — Custody, Support, and What to Expect

New York divorces involving children require careful attention to custody, parenting time, and child support. If you and your spouse agree on everything, it's manageable without an attorney.

Disclaimer: General legal information, not legal advice. If you disagree on any child-related issue, consulting a New York family law attorney is strongly recommended.

New York Custody Terminology

New York uses standard custody terminology:

Legal custody — Decision-making authority (education, healthcare, religion, extracurricular activities). Can be joint (shared) or sole.

Physical custody — Where the child lives. Can be primary (one parent is primary) or joint (significant time with both).

Parenting time — The schedule for the non-primary parent. New York uses both "visitation" and "parenting time."

Joint legal custody — Both parents share decision-making. Common in agreed New York divorces.

Sole legal custody — One parent makes decisions. Generally awarded when the other parent has a history of abuse, substance issues, or sustained absence.

Best Interest of the Child

All New York custody decisions are governed by the best interest of the child standard. Factors courts consider:

  • Which parent has been the primary caregiver
  • Each parent's ability to provide stability and continuity
  • Quality of the parent-child relationship
  • Each parent's mental and physical health
  • Sibling relationships
  • Home environment each parent can provide
  • Each parent's work schedule and availability
  • Child's preference (based on age and maturity)
  • History of domestic violence
  • Each parent's willingness to support the child's relationship with the other parent
  • Any prior custody arrangement

Parenting Plan — Required in New York

New York requires a written Parenting Plan (often incorporated into the Stipulation of Settlement) in all divorces involving minor children. It must address:

  • Legal custody designation
  • Primary residence
  • Regular parenting time schedule (weekdays, weekends, school days)
  • Holiday schedule (specific holidays, alternating or fixed)
  • School break schedule (winter, spring, summer)
  • Transportation/exchange logistics
  • How parents will communicate about the child
  • Decision-making procedures for major decisions
  • Right of first refusal (optional but recommended)
  • Travel provisions
  • Relocation notice requirements

Child Support in New York

New York uses the Child Support Standards Act (CSSA) formula — one of the more straightforward state formulas.

The Basic CSSA Formula

Step 1: Add both parents' gross incomes (with certain adjustments).

Step 2: Apply the CSSA percentage to the combined parental income up to the income cap:

  • 1 child: 17%
  • 2 children: 25%
  • 3 children: 29%
  • 4 children: 31%
  • 5+ children: at least 35%

Income cap: As of 2025, the CSSA income cap is $163,000 of combined parental income. Income above the cap is handled at the court's discretion.

Step 3: Each parent pays their proportional share based on income. The non-custodial parent pays their share directly to the custodial parent.

Example:

  • Custodial parent earns $40,000/year
  • Non-custodial parent earns $60,000/year
  • Combined income: $100,000
  • For 1 child: 17% × $100,000 = $17,000/year
  • Non-custodial parent's share: ($60,000/$100,000) × $17,000 = $10,200/year ($850/month)

Add-Ons to Basic Support

  • Childcare: Work or education-related childcare, split proportionally
  • Health insurance: One parent carries insurance; uninsured expenses typically split proportionally
  • Educational expenses: As agreed or ordered

Income Withholding

New York typically orders income execution (wage garnishment) for child support. The Support Collection Unit (SCU) processes payments.

Required Forms for Divorce With Children

In addition to standard divorce forms:

  • UD packet (with children version) from nycourts.gov/courthelp
  • Child Support Summary Form — documents the support calculation
  • UCCJEA Affidavit — establishes New York's jurisdiction over custody
  • Parenting Plan — incorporated into or attached to Stipulation
  • Income withholding order (if child support ordered)

New York's Mandatory Settlement Conference

In contested custody cases, New York courts require a Preliminary Conference before scheduling any hearing. Even in cases that start contested, courts strongly encourage settlement.

For agreed divorces, this isn't an issue — you're submitting a completed agreement.

Step-by-Step: Agreed NY Divorce With Children

Step 1

Confirm residency. Download UD packet (with children) from nycourts.gov/courthelp.

Step 2

Discuss and fully agree with spouse on: legal custody, primary residence, parenting time schedule, holiday schedule, child support amount (use CSSA formula), health insurance, childcare.

Step 3

Complete all forms including UCCJEA Affidavit and Child Support Summary.

Step 4

File UD-1 and UD-2 at County Clerk. Pay index number fee.

Step 5

Serve spouse or obtain UD-7 Affidavit of Defendant.

Step 6

Exchange Statements of Net Worth (or execute written waiver).

Step 7

Draft and sign Stipulation of Settlement including detailed Parenting Plan.

Step 8

Complete UD-9, UD-10, UD-11. Submit complete packet to Matrimonial Clerk. Pay Note of Issue fee.

Step 9

Court reviews. Judge signs Judgment of Divorce (with custody and support provisions incorporated).

Step 10

Receive signed Judgment. Serve Notice of Entry. Get certified copies. Set up income withholding.

When You Really Need an Attorney

  • Disagreement on where child primarily lives
  • History of domestic violence or abuse
  • One parent wants to relocate with children
  • Complex child support (self-employment, multiple income sources)
  • Special needs requiring complex support arrangements
  • Your spouse has hired an attorney

FAQ

Does New York favor mothers over fathers in custody? No. New York courts are required to consider the best interest of the child without gender preference.

Can our child choose which parent to live with? New York courts consider the child's preference, with more weight given to older children. There is no binding age-based election rule like Georgia's age-14 rule — the judge weighs preference along with all other best interest factors.

What if we agree to 50/50 custody? Equal physical custody is possible in New York agreed divorces. It affects the child support calculation — with equal time and similar incomes, the offset may result in little or no support owed.

What is the CSSA income cap? The 2025 CSSA cap is $163,000 of combined parental income. For income above the cap, courts have discretion to award additional support using the same percentages or another formula.

What if my spouse relocates to another state with our child? New York courts retain jurisdiction under the UCCJEA if the child has lived in New York for the last 6 months. Relocation without agreement or court approval can result in serious legal consequences.

Last reviewed: March 2026

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Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.