DRL 240: New York Custody and Child Support Law

New York Domestic Relations Law Section 240, usually called DRL 240, is the statute that governs child custody, visitation, and child support whenever parents go through a divorce, legal separation, or annulment. It gives the Supreme Court authority to decide where a child lives, how major parenting decisions get made, and how much each parent contributes financially. The same support formula appears in Family Court Act Section 413, so unmarried parents in Family Court run the same numbers. Two features set New York apart: child support obligations continue until the child turns 21, and the guideline formula applies to combined parental income up to $193,000 as of March 2026.

What DRL 240 Covers

DRL 240 is the single statute that ties custody and support together in a matrimonial action. When you file for divorce in Supreme Court, the judge draws authority from this section to issue custody orders, set a visitation schedule, calculate child support under the Child Support Standards Act built into DRL 240(1-b), order health insurance, and address domestic violence findings. It also gives the court power to issue orders of protection in connection with the custody case.

Unmarried parents don’t use DRL 240 directly, but the Family Court Act mirrors it, so the practical outcome on support is the same. The custody standard, likewise, follows the same best-interests framework in both courts.

How Custody Is Decided

Custody decisions turn on the child’s welfare, not the preferences or convenience of either parent. The statute directs judges to weigh a range of factors with no automatic presumption in favor of mothers or fathers. In practice, that means looking at who has been the primary caretaker, the mental and physical health of each parent, the stability of each home, and whether either parent has a history of undermining the child’s relationship with the other.¹

A child’s existing routines carry weight. Judges examine proximity to schools, the quality of each parent’s living situation, and whether a child has medical or educational needs that one parent is better equipped to handle. Custody is not a reward for being the better parent. It is a practical question about where the child will do best.

Sole and Joint Custody

Sole custody gives one parent authority to make all major decisions about healthcare, education, and religious upbringing. The other parent usually receives a visitation schedule but has no formal say in those decisions. Joint custody splits decision-making between the parents, and it demands a level of cooperation that many divorcing couples cannot sustain. Judges generally order joint custody only when the evidence shows both parents can communicate and compromise without pulling the child into the middle. A joint order can be joint legal custody with one parent having primary physical custody, or it can extend to shared physical custody.

Some orders also include a right of first refusal: before either parent hires a babysitter or asks a relative to watch the child, that parent must first offer the time to the other parent. It tends to increase the non-custodial parent’s time with the child, though it only works when both parents can coordinate schedules in real time.

How Child Support Is Calculated

The Child Support Standards Act uses a formula. The court adds both parents’ adjusted gross incomes together, then applies a fixed percentage based on the number of children:

One child: 17%
Two children: 25%
Three children: 29%
Four children: 31%
Five or more children: at least 35%

Those percentages apply to combined parental income up to $193,000, which is the statutory cap effective March 1, 2026.² New York adjusts this cap every two years. When combined income exceeds the cap, the court has discretion to apply the formula to the excess or to weigh other factors like each parent’s financial resources and the child’s specific needs.¹

Once the total obligation is calculated, it gets split between the parents in proportion to their incomes. Earn 65% of the combined income and you pay 65% of the support figure. The basic amount covers everyday essentials: food, clothing, shelter. Add-on expenses for childcare, medical costs, and education sit on top of this number.

When Support Ends

Support runs until the child turns 21, not 18.³ The obligation can end earlier if the child gets married, becomes self-supporting, or joins the military, all of which count as emancipation under New York law. Parents moving from other states frequently miss this, since most states stop support at 18 or high school graduation.

On college, DRL 240 does not automatically obligate parents to pay tuition. Because support continues through age 21, a child in college still receives basic support during those years, and the non-custodial parent may seek a reduction to reflect a child living away at school. Separation agreements often include specific college provisions, and those contractual terms are generally enforceable; absent an agreement, the court has limited authority to impose higher-education costs.

Imputed Income

If a parent quits a job, takes a lower-paying position without good reason, or hides income, the court does not have to accept the reported earnings. DRL 240(1-b)(b)(5)(iv) lets judges impute income based on a parent’s demonstrated earning capacity, work history, and education.¹ Courts can also count non-cash benefits like employer-provided housing, car allowances, and money from relatives. The formula only works on honest numbers, and judges have broad authority to reconstruct a realistic income figure.

When Courts Deviate From the Formula

The formula produces a presumptive amount, not a mandatory one. A judge can order more or less, but only after calculating the standard amount first and explaining in writing why a deviation is justified. The statute lists several factors the court may consider:

The financial resources of each parent and the child, including assets beyond regular earnings
The child’s health or special needs, including medical conditions, disabilities, or therapeutic needs
The standard of living the child would have enjoyed if the parents had stayed together
Tax consequences for each parent
Non-monetary contributions, such as direct caregiving that reduces costs the other parent would otherwise bear
Other dependents the paying parent supports from another relationship
Extended parenting time with the non-custodial parent that reduces the custodial parent’s day-to-day expenses

The procedural key is transparency. The court must show its math, identify the guideline amount, and then explain the specific reason for the departure.¹

Add-On Expenses and Health Insurance

DRL 240 separates child-related costs beyond basic support into two categories. Mandatory add-ons must appear in every order. Discretionary add-ons may be included depending on the family’s circumstances.

Mandatory add-ons include childcare that lets the custodial parent work, attend school, or complete vocational training; the child’s health insurance premiums; and unreimbursed medical expenses.¹ These costs are divided pro rata using the same income percentages as basic support. Earn 70% of the combined income and you pay 70% of the daycare bill.

Discretionary add-ons cover private school tuition, tutoring, extracurricular activities, and summer programs. Judges consider whether the child was already participating before the separation and whether the family’s finances can realistically support the expense. A parent asking for private school tuition will have a stronger case if the child is already enrolled than if the request is new. Discretionary costs are also split pro rata when ordered.

Every order must address health insurance. If coverage is available to a parent through an employer or organization at a reasonable cost, the court will order that parent to maintain it for the child. When both parents have access, the judge compares the plans and picks the one offering the most comprehensive coverage without creating undue financial hardship. Co-pays, prescriptions, dental, vision, and therapy that insurance does not cover are shared pro rata.

Domestic Violence

DRL 240 treats domestic violence as a central factor in custody disputes, not a side issue. If either parent alleges domestic violence and proves it by a preponderance of the evidence, the court must explain on the record how that finding shaped the custody decision.¹ The analysis and the on-the-record explanation are both mandatory.

When abuse is directed at the child, the statute goes further. A court cannot place a child in the custody of a parent who presents a substantial risk of harm. Findings of domestic violence frequently result in supervised visitation at a professional facility, and in severe cases the court may deny visitation entirely. DRL 240 also protects parents who report suspected abuse in good faith: a reasonable, fact-based allegation that your child is being abused or neglected cannot be used to restrict your custody or visitation.

Modifying a Custody or Support Order

Custody and support orders are not permanent, but the bar for changing them is deliberately high. For child support, New York recognizes three grounds for modification:

A substantial change in circumstances, meaning a significant shift in either parent’s income or in the cost of raising the child
Three years have passed since the order was entered, last modified, or adjusted, which lets either parent request a recalculation on current incomes
Either parent’s gross income has risen or fallen by 15% or more due to circumstances beyond that parent’s control

A modification takes effect from the date the petition is filed, never retroactively. Lose your job in January, wait until June to file, and you still owe the original amount for those five months. Waiting is one of the most expensive mistakes parents make.

Custody modifications require a showing that circumstances have materially changed since the original order. Job loss, relocation, remarriage, a parent’s substance abuse, or a shift in the child’s needs can all qualify. The court then re-applies the best-interests standard to decide whether the current arrangement still works.

Relocating With a Child

When a custodial parent wants to move a significant distance, the relocation can effectively eliminate the other parent’s visitation schedule. New York courts apply the framework from Tropea v. Tropea, which requires an individualized analysis rather than a bright-line rule.⁴ The relocating parent bears the burden of proving the move serves the child’s best interests.

Judges weigh each parent’s reasons for seeking or opposing the move, whether the relocation would improve the child’s life economically or educationally, and whether a revised schedule can preserve a meaningful relationship with the non-custodial parent. A parent relocating for a genuine career opportunity with a concrete plan to maintain the child’s bond with the other parent stands on far stronger ground than one moving without clear benefits for the child. A geographic restriction in a separation agreement also factors in.

Enforcing a Support Order

New York has aggressive enforcement tools. Support ordered through the court typically runs through the Support Collection Unit, which can issue an income execution directing the paying parent’s employer to withhold support directly from wages.⁵ Wage withholding often starts automatically when the order is entered, not only after a parent falls behind.

If a parent does fall behind, enforcement escalates:⁶

State tax refunds can be intercepted when at least $50 is owed; federal refunds at $500, or $150 if the child receives public assistance
The driver’s license can be suspended when arrears equal at least four months of the current obligation
The State Department can deny or refuse to renew a passport when arrears reach $2,500
Delinquent parents are reported to credit bureaus when they owe at least $1,000 or are two months behind
Bank accounts can be seized and liens placed on property when arrears exceed specific thresholds
Willful nonpayment can result in a money judgment that accrues 9% interest and, in serious cases, arrest and incarceration for contempt

One lesser-known tool: when payments fall behind, the order can be temporarily increased by up to 50% above the regular amount until the arrears are caught up.⁶ Many parents assume the worst consequence of falling behind is simply owing back payments.

When Parents Live in Different States

When parents live in different states, which court has authority over custody becomes its own fight. New York adopted the Uniform Child Custody Jurisdiction and Enforcement Act, codified at DRL Sections 75 through 77-a. The central rule is the home-state rule: a New York court can make an initial custody determination only if New York is the child’s home state, meaning the child has lived here with a parent for at least six consecutive months before the case is filed.⁷

If a parent moves the child out of New York, the state retains home-state status for another six months as long as the other parent still lives here. After the initial custody order is entered, New York keeps jurisdiction as long as at least one parent or the child remains in the state and New York law allows continuing jurisdiction. A second state cannot modify the order unless New York loses jurisdiction or declines to exercise it.

For support, the Uniform Interstate Family Support Act keeps a valid New York order enforceable when the paying parent moves. The custodial parent registers the order in the new state, and local agencies then use that state’s enforcement tools, including wage garnishment and tax refund intercept, to collect. The obligation follows the parent, not the state line.

1
New York State Senate. New York Code Domestic Relations Law 240 – Custody and Child Support; Orders of Protection
2
New York State Unified Court System. Form UD-8(3) – Child Support Worksheet
3
New York State Unified Court System. FAQs About Legal Research
4
New York State Unified Court System. Tropea v Tropea
5
New York State Unified Court System. Supreme Court and Child Support
6
Human Resources Administration. Enforcement Actions
7
New York State Senate. New York Code DOM 76 – Initial Child Custody Jurisdiction