How long child support lasts in New York (2026)
In New York, parents must support a child until the child turns 21, not 18 (Family Court Act § 413(1)(a)). Support can end earlier if the child is emancipated, for example by marrying, joining the military, or being 18 or older and working full time. For an adult with a developmental disability who lives with and depends on a parent, support can be ordered until 26.
Does child support end at 18 or 21 in New York?
At 21. Family Court Act § 413(1)(a) says the parents of a child under the age of 21 are chargeable with the child’s support, and Domestic Relations Law § 240(1-b) defines child support the same way for divorce cases. New York’s court information pages add that support includes health insurance coverage until 21.
That is later than in the other two states covered here. Texas generally orders support until 18 or high school graduation, whichever is later (Texas Family Code § 154.001), and Virginia until 18, or up to 19 for a full-time high school student living at home (Code of Virginia § 20-124.2 C). See the Texas and Virginia guides.
When is a child emancipated before 21 in New York?
Support ends earlier if the child is emancipated. New York’s courts describe emancipation as the child no longer living with the parents and being self supporting, and list a child under 21 as generally emancipated when the child:
- is married;
- is in the military;
- has finished four years of college;
- is 18 or older and working full time (summer or vacation jobs do not count);
- has permanently left home and ended the relationship with both parents for no good reason (not when the child left because of abuse by a parent or a similar reason).
A child who is financially dependent on a parent is not emancipated, and a child who was emancipated can become dependent again before turning 21. Whether a particular child is emancipated is decided by the court on the facts.
Does child support stop automatically at 21?
The order itself does not end on its own. New York’s Child Support Program explains that if an order is still charging current support, a petition has to be filed with the court to end it, and any past-due support stays owed.
When an order covers several children and one of them turns 21 or is emancipated, the guideline has no automatic step down. Either parent can ask the court to modify the order. As an illustration of what a recalculation looks like, the guideline for two children with $6,000 and $4,000 a month is $1,385.25, and for one child it is $941.97. See the guide to modifying an order.
Does New York child support cover college?
Not as part of the formula. Under Family Court Act § 413(1)(c)(7), the court may award the cost of post-secondary education, and of private, special or enriched education, when it finds that appropriate, considering the circumstances of the case, the parents and the child’s best interests. Whether to order it, and how much, is up to the court.
Finishing four years of college is one of the situations New York’s courts list as emancipation.
Can child support continue after 21 for a disabled adult child?
Yes, in some cases. Domestic Relations Law § 240-d and Family Court Act § 413-b, added by Chapter 437 of the Laws of 2021, let a court order a parent to support an adult dependent with a developmental disability until the age of 26. The adult must live with, and be principally dependent on, the person asking for support, and the disability must be supported by a diagnosis from a qualified professional. Support is set under the same guidelines as child support. Petitions use Family Court forms 4-3c and 4-7d.
What this guide does not cover
This guide does not cover how courts decide disputed emancipation cases, arrears that remain after support ends, or support for adult children without a developmental disability. The figures are estimates of the guideline amount. A court can order a different amount, and an existing order only changes when it is modified.
Run your own numbers
This guide's example: in New York, 2 children; the parent the children live with earns $4,000 a month and the other parent $6,000, before tax. The guideline amount is $1,385.25 a month. Change any number in the calculator and every step of the formula updates.
Open this family in the New York calculatorQuestions
Does child support end at 18 or 21 in New York?
At 21. New York's Family Court Act § 413(1)(a) makes parents chargeable with the support of a child under the age of 21, unless the child is emancipated earlier.
Does child support stop if an 18-year-old works full time in New York?
New York's courts list a child who is 18 or older and working full time as generally emancipated. Summer or vacation jobs do not count, and a child who becomes dependent again before 21 can be owed support again.
Does New York child support cover college?
Not automatically. A court may order the parents to pay college or other post-secondary education costs if it finds that appropriate, considering the circumstances and the child's best interests.
Does child support stop automatically at 21 in New York?
The order itself does not end on its own. If an order is still charging current support, a parent can file a petition to end it, and any past-due support remains owed.
Can child support continue after 21 for a disabled child in New York?
For an adult with a developmental disability who lives with and is principally dependent on the parent asking for support, a court can order support until 26.
Sources
- New York Family Court Act § 413, subdivision 1, paragraphs (a) and (c)(7)
- New York Domestic Relations Law § 240-d, support orders for certain adult dependents
- Emancipated Child (CourtHelp)
- Child Support (CourtHelp)
- Support, Adult Dependent (Developmentally Disabled) (CourtHelp)
- Adult Dependent Support (Chapter 437, Laws of 2021)
- Services FAQ (ending an order that still charges current support)
- Texas Family Code § 154.001, support of child
- Code of Virginia § 20-124.2, subsection C
- Figures on this page are computed by the Coparent Math engine with New York's rules in force on 2 Nov 2026 unless a table says otherwise, from:
- NY Family Court Act § 413, checked 2 Nov 2026
- NY Domestic Relations Law § 240(1-b), checked 2 Nov 2026
- NY Family Court Act § 416, checked 2 Nov 2026
- NY Courts, CourtHelp: Child Support (who is the custodial parent), checked 2 Nov 2026
- Bast v. Rossoff, 91 N.Y.2d 723, 728 (Court of Appeals 1998), checked 2 Nov 2026
- Baraby v. Baraby, 250 A.D.2d 201, 204 (3d Dept 1998), checked 2 Nov 2026
- Barr v. Cannata, 57 A.D.3d 813, 2008 NY Slip Op 10109 (2d Dept 2008), checked 2 Nov 2026
- Matter of Carlino v. Carlino, 277 A.D.2d 897 (4th Dept 2000), checked 2 Nov 2026
- Rubin v. Della Salla, 107 A.D.3d 60 (1st Dept 2013), checked 2 Nov 2026
- Social Security Administration: contribution and benefit base, and OASDI and HI tax rates, checked 31 Oct 2026
- NY Courts: what's new in matrimonial legislation (cap raised from $183,000 to $193,000), checked 31 Oct 2026
- NY OTDA Child Support Standards Chart, LDSS-4515 (Rev. 03/26), checked 31 Oct 2026
- NY OTDA Child Support Standards Chart, LDSS-4515 (Rev. 03/25), archived copy, checked 2 Nov 2026
- HHS ASPE 2025 poverty guidelines, checked 31 Oct 2026
Related guides
Up
Related
- Modifying a child support order in New York (2026)A New York child support order can be modified when there is a substantial change in circumstances, when three years have passed since it was entered, last modified or adjusted, or when either parent's gross income has changed by 15 percent or more since then (Family Court Act § 451(3); Domestic Relations Law § 236(B)(9)(b)(2)). Parents can opt out of the three-year and 15 percent grounds in a validly executed agreement or stipulation. Separately, the Child Support Program reviews orders it handles every two years for a cost of living adjustment.
- Child support for several children and other families in New York (2026)New York's percentage of combined parental income rises with the number of children: 17% for one, 25% for two, 29% for three, 31% for four and no less than 35% for five or more. Child support a parent actually pays for children in another family under an order or written agreement is deducted from that parent's income first, and the needs of other children can be a reason for a different amount.
In the same hub
- Back child support (arrears) in New York: interest, enforcement and jail (2026)Back child support (arrears) in New York stays owed: a court cannot reduce or cancel arrears that built up before a modification was asked for (Family Court Act § 451(1)). The court enters a money judgment for the arrears, with interest at the judgment rate of nine percent a year when the default was willful, and the Child Support Program collects through income withholding, driver's and professional license suspension, tax refund intercepts, liens, bank freezes and, above 2,500 dollars, passport denial. A willful violation can mean up to six months in jail, and non-support of a child is a crime under Penal Law § 260.05.
- Self-employed and imputed income in New York child support (2026)New York counts the income a parent reported, or should have reported, on the most recent federal tax return. For self-employed parents, accelerated depreciation and personal entertainment and travel deductions are added back. A court may also impute income: from resources such as assets, perks and money from family, or from former income if a parent reduced their income to avoid support. Imputation requires specific written findings based on the parent's circumstances (Family Court Act § 413(1)(b)(5)).
- Low-income child support in New York: the minimum and the self-support reserve (2026)If paying the guideline amount would leave the paying parent's income below the federal poverty guideline for one person ($15,960 a year), New York sets the basic obligation at $25 a month. If it would leave that parent below the self-support reserve ($21,546 a year) but above the poverty line, the basic obligation is $50 a month or the income above the reserve, whichever is greater. Both come from Family Court Act § 413(1)(d).
- Child support with shared or 50/50 custody in New York (2026)Yes, child support can still be owed with shared or 50/50 custody in New York. The guideline has no shared custody formula: the parent the children live with most is treated as the one who receives support, and the other parent's share is worked out with the usual percentages. When time is truly equal, the appellate courts treat the parent with the larger share of combined income as the paying parent, and a court can depart from the guideline for reasons the statute lists, including the costs of extended time with the children.
- Child support above New York's combined income cap (2026)New York applies its child support percentages to combined parental income up to $193,000 a year, the cap in force since 1 March 2026. On income above that, Family Court Act § 413(1)(c)(3) leaves the amount to the court, which decides using the factors in paragraph (f) and/or the child support percentage. The cap is not a limit on support: it is the point where the fixed formula stops.
- New York child support by income: tables for 1 to 5 children (2026)New York guideline support is a fixed percentage of both parents' combined income, after Social Security and Medicare taxes, up to $193,000 a year, shared by income. Below the cap, the other parent's share works out to that percentage of their own income after those taxes: for example $784.98 a month for one child at $5,000 a month, and $1,154.38 for two.
The same topic in other states
- How long child support lasts in Texas (2026)Texas child support usually lasts until the child turns 18 or graduates from high school, whichever is later (Texas Family Code § 154.001). Support past 18 requires the child to be enrolled in high school and meeting attendance requirements (§ 154.002). It ends earlier if the child marries, is emancipated by court order, dies or starts active military service, and it can continue indefinitely for a child with a disability (§§ 154.006 and 154.302).
- When child support ends in Virginia (2026)Virginia child support generally ends when the child turns 18. It continues past 18 for a child who is a full time high school student, not self supporting, and living in the home of the parent receiving support, until the child turns 19 or graduates from high school, whichever comes first (Code of Virginia § 20-124.2 C). A court can also order support for an adult child with a severe and permanent disability that began before 18, and parents can agree to extend support.
Comparisons
- New York vs Virginia child support: which state is higher? (2026)For most middle income families New York's guideline is higher. For two children with incomes of $4,000 and $6,000 a month it is $1,385.25 in New York and $1,094.40 in Virginia, and New York support runs to 21 rather than 18. Virginia can come out lower still with shared custody, which its formula uses and New York's does not, while at very high incomes Virginia, which has no cap, can be higher.
- Texas vs New York child support: which state is higher? (2026)For a typical middle income family New York's guideline is higher than Texas's. For two children and a paying parent earning $6,000 a month, it is $1,385.25 in New York and $1,239.21 in Texas, and the gap widens when there is child care, which New York adds and Texas does not. At low incomes the order flips: New York's low income rules can bring support far below the Texas amount.
More about New York
- Child support and your tax refund: the offset rules (2026)Yes. Under 42 U.S.C. § 664, the Treasury withholds a federal tax refund to pay past-due child support that a state child support agency has certified, and sends the money to that state. A case qualifies when at least $150 is owed on support assigned to the state for public assistance, or at least $500 in other cases (45 CFR 303.72). The state must send a notice first that explains how to contest the amount, and a spouse on a joint return can claim their share back with IRS Form 8379.
- Child support when parents live in different statesWhen parents live in different states, the court that sets support applies its own state's law and guideline (Texas Family Code § 159.303). A state can make an order against a parent who lives elsewhere only on one of the jurisdiction bases in the Uniform Interstate Family Support Act (§ 159.201); otherwise the case is heard in the other parent's state, with the two states' child support agencies working together. An order from another state is registered to be enforced, and in Texas the other party has 30 days after notice to contest it (§ 159.605).
- Does 50/50 custody mean no child support? Texas, New York and Virginia (2026)No. In Texas, New York and Virginia, equal time with each parent does not by itself end child support. Only Virginia's guideline uses the number of days: above 90 days a year with each parent, a shared custody formula lowers support, and with equal time the parent who earns more usually pays the difference. Texas and New York apply their usual formula; in Texas, parenting time is a factor a court may weigh to depart from it, and New York's statute has no shared custody formula, but with truly equal time its appellate courts make the parent with the larger income share the paying parent.
- How child support is calculatedEvery state sets a guideline formula in law, and courts apply it unless they find it unjust or inappropriate. The formula takes the parents' income (gross or net, one parent's or both), turns it into a base amount with a percentage or a schedule, adds some costs such as child care and health insurance, and in some states adjusts for parenting time and very low or high incomes. Texas, New York and Virginia each do these steps differently, so the same family gets a different figure in each.
- Income shares vs percentage of income: how child support models differ (2026)A percentage of income model sets support as a fixed share of the paying parent's income, and the other parent's income does not enter the formula. An income shares model starts from both parents' combined income, finds the basic support amount the guideline sets for that income, and splits it in proportion to each parent's income. Texas uses a percentage of the paying parent's net resources, Virginia uses income shares, and New York applies a fixed percentage to both parents' combined income and splits it by income.
- Child support and taxes: what the IRS says (2026)Child support is neither taxable nor deductible under federal tax law: the IRS says child support payments are not deductible by the parent who pays them and not taxable to the parent who receives them. Who claims the child is a separate question. The IRS treats the parent the child lived with for more nights in the year as the one entitled to claim the child; that parent can release the child tax credit to the other parent with Form 8332, but head of household status, the earned income credit and the child care credit stay with the parent the child lived with.