Child Custody & Support

Your child’s future. Your rights. Our priority.

When parents separate or divorce, custody and support are often the most emotionally charged and legally complex issues. At The Schreck Law Group, we help parents throughout Long Island, Brooklyn and Queens navigate custody battles and support arrangements with compassion and legal precision.

Understanding Child Custody in New York

Custody has two key parts:

1. Legal Custody (Who Makes Decisions)

• Sole Legal Custody: One parent makes major decisions.

• Joint Legal Custody: Both parents share responsibility and must cooperate.

2. Physical Custody (Where the Child Lives)

• Sole Physical Custody: The child lives with one parent; the other may have visitation.

• Joint Physical Custody: The child spends time in both households.

How Courts Decide Custody

Courts prioritize the best interests of the child, considering factors like:

• Stability of each parent’s home

• Who has been the primary caregiver

• The child’s preference (usually age 12+)

• Each parent’s mental and physical health

• History of domestic violence or neglect

• Each parent’s ability to co-parent cooperatively

Judges aim to preserve the child’s routine, school, and emotional security.

Understanding Child Support in New York

Child support ensures the child’s needs ,food, housing, education, healthcare, are met.

Support is usually paid by the noncustodial parent to the custodial parent. It’s calculated using the Child Support Standards Act (CSSA):

Number of Children % of Combined Parental Income

1 17%

2 25%

3 29%

4 31%

5+ 35% or more

Additional Shared Expenses May Include:

• Medical and dental insurance

• Childcare (to enable work or school)

• Educational costs

• Extracurriculars and special needs

Can Child Support Be Changed?

Yes. Either parent may request a modification if there’s a major change, such as:

• A job loss or raise

• A change in custody or parenting time

• A significant increase in the child’s expenses

Can a Parent Refuse to Pay Child Support?

No. Child support is a legal obligation in New York. Failing to pay can result in:

• Wage garnishment

• Frozen bank accounts

• Suspended driver’s license or passport

• Fines or jail time

If you’re struggling financially, you must file for a modification, don’t just stop paying.

Custody vs. Support: What’s the Difference?

Even if a parent is denied visitation, they must still pay child support. And if a parent fails to pay support, you cannot withhold visitation.

These are separate legal matters and must be handled through the courts.

How to Protect Your Rights & Your Child

• Document everything – Keep track of payments, schedules, and communication

• Follow court orders – Even if you disagree

• Work with an attorney – Legal guidance helps you avoid mistakes and protect your family

• Focus on your child – Judges value cooperation and putting the child first

How The Schreck Law Group Can Help

Our team offers personalized legal support in custody, visitation, and support matters across Queens, Long Island and Brooklyn.

We help you:

• Secure legal and physical custody

• Establish or modify child support

• Negotiate parenting plans and visitation schedules

• Enforce custody or support orders

• Represent you in court when necessary

Visit our FAQ page or check out our Insights articles to find answers to common questions about custody, visitation, and support.

Schedule Your Consultation Today

Every family is different, and your legal strategy should be too. Whether you’re just starting a custody process or dealing with a complex dispute, we’re here to help you protect your child and your future.

Contact The Schreck Law Group, trusted family law attorneys for custody and child support in New York.