Child Custody/Visitation & Support Lawyer Long Island

Custody determinations in New York are based upon the best interests of the child standard.  This is gender neutral for married or unmarried couples. The term “custody” in this context is defined as where the child will reside.  It is often referred to as physical or residential custody.

The court may examine a variety of factors including which parent has been the primary caretaker.  Other considerations include overall parental fitness; the existence of neglect or abuse; and the ability to co-parent. The child’s preference may be considered depending on their age. No single factor is determinative. 

The term legal custody refers to decision making. This includes areas such as the child’s education and medical.

Parenting time, sometimes referred to as visitation, is awarded to the non-custodial parent pursuant to a set schedule.

The Child Support Standards Act (CSSA) contains the formula used to determine child support awards. Basic child support—which covers essentials like food, clothing, and shelter—is calculated as a pro-rata (proportional) share of parental income based on fixed percentages. The applicable percentages based on the number of children are:

• One child: 17%

• Two children: 25%

• Three children: 29%

• Four children: 31%

• Five or more children: At least 35%

The formula calculates gross income minus specific deductions, such as FICA and Medicare.  The applicable percentage is then applied.  

The standard calculation covers parental earnings up to a cap ($183,000 in 2025). This income definition is broad, including sources like workers’ compensation, disability benefits, unemployment insurance, Social Security, and pensions. If the combined parental income exceeds the cap, the court may choose to apply the percentages to the excess income, typically basing this decision on the specific needs of the children.

Basic child support is paid by the noncustodial parent to the custodial parent for the benefit of the children.  The parties can deviate from the presumptively correct amount subject to the court’s approval.

Beyond the basic amount, parents are also responsible for “add-on” expenses, such as unreimbursed medical costs. These are shared on a pro-rata basis, meaning each parent pays a share proportional to their income relative to the total combined income. In some cases, if income is not clear, the court has the authority to impute (or estimate) income for either parent.

All support orders or agreements must include provisions for medical support or health insurance. The court also retains the discretion to award educational expenses when appropriate.

Contact experienced Long Island Child Custody/Visitation & Support Lawyer Philip A. Kusnetz, Esq. serving Garden City, Great Neck, Manhasset, Port Washington, Roslyn, Syosset and more.