New York Divorce with Children

Everything you need to know about divorce with children in New York — custody types, child support guidelines, parenting plans, and protecting your children through the process. Updated for 2026.

Types of Custody in New York

Legal Custody

The right to make major decisions about your child's education, healthcare, religion, and welfare.

Joint:Both parents share decision-making authority

Sole:One parent has exclusive decision-making authority

Physical Custody

Determines where the child lives on a day-to-day basis and the parenting time schedule.

Joint:Child splits time between both households

Primary:Child lives mainly with one parent; other gets visitation

"Best Interests of the Child" Factors

New York courts consider multiple factors when determining custody arrangements:

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Parent-Child Bond: The emotional relationship between each parent and the child

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Stability: Each parent's ability to provide a stable home environment

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Co-Parenting Ability: Each parent's willingness to foster the child's relationship with the other parent

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Child's Adjustment: The child's adjustment to home, school, and community

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Mental & Physical Health: The mental and physical health of all parties involved

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Child's Preference: The child's reasonable preference (if old enough to express one)

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History of Abuse: Any history of domestic violence, abuse, or neglect

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Work Schedules: Each parent's work schedule and availability to the child

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Child Support in New York

Percentage of income Model

New York uses the Child Support Standards Act (CSSA), a percentage-of-income model under DRL Section 240(1-b). Both parents' gross incomes are combined, then a statutory percentage is applied based on the number of children: 17% for 1 child, 25% for 2 children, 29% for 3 children, 31% for 4 children, and at least 35% for 5 or more children. The total obligation is prorated between parents based on each parent's share of combined income. The non-custodial parent generally pays their share to the custodial parent. For combined parental income above the statutory cap ($183,000 for March 1, 2024 through February 28, 2026), the court may apply the percentages or consider statutory factors. As of March 1, 2025, the Self-Support Reserve is $21,128. The court must ensure a support order does not reduce the payor below the SSR.

Official New York child support calculator →

Factors Considered

•Both parents' gross income

•Number of children

•Custody arrangement / parenting time

•Health insurance costs for children

•Childcare expenses

•Special needs of the child

•Other child support obligations

•Standard of living during marriage

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Additional Forms Required (Children)

Form	Name	Description
UD-8(1)	Qualified Medical Child Support Order (QMCSO)	Ensures health insurance coverage for children through the employer-based insurance of either parent. Required in cases involving minor children.
UD-8(3)	Child Support Worksheet	Used to calculate child support under the Child Support Standards Act (CSSA). Applies the statutory percentages to the combined parental income to determine the basic child support obligation.
UD-8b	Qualified Medical Child Support Order	Directs an employer or health plan to enroll a child in health insurance coverage. Filed when employer-based health coverage is available for the children.

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What Goes in a Parenting Plan?

A comprehensive parenting plan should cover:

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Regular Parenting Schedule

Week-by-week schedule of where the child lives and when transitions occur.

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Holiday & Vacation Schedule

How holidays, school breaks, and vacation time are divided between parents.

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Decision-Making Authority

Who makes decisions about education, healthcare, extracurriculars, and religious upbringing.

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Communication Rules

How the child communicates with the non-custodial parent (phone, video calls, etc.).

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Transportation & Exchange

Who handles pickups/dropoffs and where exchanges occur.

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Dispute Resolution

How disagreements about the parenting plan will be resolved (mediation first, then court).

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Relocation Rules

Notice requirements and procedure if either parent wants to move.

Tips for Protecting Your Children During Divorce

Never speak negatively about the other parent in front of your children. It puts them in the middle and can harm your custody case.

Maintain routines. Keep school, activities, and daily routines as consistent as possible during the transition.

Communicate openly with your children in age-appropriate ways. Let them know the divorce is not their fault.

Consider counseling. A child therapist can help children process their emotions during this time.

Frequently Asked Questions

How is child custody decided in New York?

New York courts determine custody based on the "best interests of the child" standard. Factors include each parent's relationship with the child, ability to provide stable housing, mental and physical health, and the child's preferences (if old enough). Courts generally favor arrangements that allow both parents significant time with the child.

How is child support calculated in New York?

New York uses the percentage of income model to calculate child support. New York uses the Child Support Standards Act (CSSA), a percentage-of-income model under DRL Section 240(1-b). Both parents' gross incomes are combined, then a statutory percentage is applied based on the number of children: 17% for 1 child, 25% for 2 children, 29% for 3 children, 31% for 4 children, and at least 35% for 5 or more children. The total obligation is prorated between parents based on each parent's share of combined income. The non-custodial parent generally pays their share to the custodial parent. For combined parental income above the statutory cap ($183,000 for March 1, 2024 through February 28, 2026), the court may apply the percentages or consider statutory factors. As of March 1, 2025, the Self-Support Reserve is $21,128. The court must ensure a support order does not reduce the payor below the SSR.

Is a parenting course required for divorce with children in New York?

New York may require a parenting course depending on your county. Check with your local court for specific requirements.

What is the difference between legal custody and physical custody in New York?

Legal custody refers to the right to make important decisions about the child's upbringing (education, healthcare, religion). Physical custody refers to where the child lives. Both can be sole (one parent) or joint (shared). New York courts can award different arrangements for legal and physical custody.

Can child support be modified in New York?

Yes, child support orders in New York can be modified when there is a substantial change in circumstances, such as a significant change in either parent's income, changes in custody arrangements, or changes in the child's needs. You must petition the court for a modification.

Related New York Guides

New York Divorce Guide New York Divorce Forms New York Divorce Cost New York Divorce Timeline New York Uncontested Divorce New York Property Division New York Residency Requirements New York Child Support Calculator New York Alimony Calculator

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