Family Law Laws in New York

Family Law Law in New York: Overview

New York family law is governed by the Domestic Relations Law (DRL) and the Family Court Act. New York became the last state to adopt no-fault divorce in 2010, allowing dissolution on the ground that the relationship has broken down irretrievably for at least six months. The state follows equitable distribution for marital property and has detailed statutory guidelines for both spousal maintenance and child support. New York uses the income shares model for child support and applies the best interests of the child standard for custody. The state requires a one-year residency period for most grounds (with various exceptions based on where the marriage occurred or the cause of action arose). New York's maintenance guidelines provide a formula-based calculation for temporary and post-divorce maintenance, and the state has a comprehensive statutory framework for equitable distribution that considers 14 specific factors.

Key Statutes & Deadlines

Maintenance Guidelines Formula

New York has a detailed formula for calculating both temporary and post-divorce maintenance. The guideline amount is the lesser of two calculations: (1) 30% of the payor's income minus 20% of the payee's income, or (2) 40% of the combined income minus the payee's income. The income cap for guideline maintenance is periodically adjusted. The duration of post-divorce maintenance is determined by advisory guidelines based on the length of marriage: for marriages of 0-15 years, 15-30% of the marriage length; for 15-20 years, 30-40%; and for 20+ years, 35-50%. Courts may deviate from the guidelines based on specific factors including the age and health of the parties, the earning capacity of each party, the need of one party to incur education expenses, any wasteful dissipation of marital property, and the tax consequences.

Child Support Standards Act (CSSA)

New York's Child Support Standards Act (CSSA) establishes a formula for calculating child support based on combined parental income. The statutory percentages applied to combined parental income up to the cap are: 17% for one child, 25% for two children, 29% for three children, 31% for four children, and at least 35% for five or more. For income above the cap, the court has discretion to apply the percentages or consider specific factors. The non-custodial parent pays their pro rata share of the calculated amount. Additional amounts may be added for childcare, health insurance, and educational expenses. The CSSA amount is presumptive, and deviations require specific findings. New York's child support income cap is periodically adjusted.

Equitable Distribution and Enhanced Earning Capacity

New York's equitable distribution law at DRL § 236(B)(5) considers 14 factors including the income and property of each party, the duration of the marriage, the age and health of the parties, the need of the custodial parent to occupy the marital home, the loss of inheritance and pension rights, the tax consequences, any wasteful dissipation, any transfer of property to defeat marital rights, and any other factor the court finds just and proper. New York formerly treated professional licenses and degrees as marital property subject to distribution, though this was modified by the 2016 Maintenance Guidelines Act. New York may now consider enhanced earning capacity in the maintenance analysis rather than as a separate distributable asset.

New York Court System

Family law cases in New York are handled by two court systems. The Supreme Court has jurisdiction over divorce, property division, and maintenance. Family Court handles custody, visitation, child support, paternity, family offenses, and child protective matters. This dual-court system can create complexity, as related issues may be split between courts. New York City has separate Family Courts in each borough. Outside New York City, each county has a Family Court. Appeals from Supreme Court go to the Appellate Division (organized into four departments) and from Family Court to the Appellate Division or Appellate Term. Further review may be sought from the New York Court of Appeals. New York courts offer extensive mediation and alternative dispute resolution programs.

Damages & Penalties

New York divides marital property equitably based on 14 statutory factors. The court distinguishes between marital and separate property, with separate property including premarital assets, gifts, inheritances, and compensation for personal injuries. Maintenance follows the statutory formula with advisory duration guidelines tied to marriage length. Child support follows the CSSA formula with statutory percentages. Both maintenance and child support are calculated with income caps that are periodically adjusted. Enforcement includes income execution, contempt of court, license suspension, tax refund intercepts, credit reporting, and potential incarceration for willful nonpayment. New York allows modification of support for a substantial change in circumstances, including a 15% or greater change in either party's income. The state also permits modification based on three years having passed since the order or a change in the child support guidelines.

Recent Legislative Changes

New York updated its maintenance guidelines with the 2016 Maintenance Guidelines Act, which established the current formula and advisory duration guidelines. The state periodically adjusts the income caps for both maintenance and child support calculations and has expanded access to alternative dispute resolution in family law cases.

Frequently Asked Questions