Can you get child support from an unemployed parent?

Raising a child takes significant resources. When a non custodial parent loses their job, you may wonder: Can you still get child support from an unemployed parent in New York? The short answer is yes. Under the New York Child Support Standards Act (CSSA), both parents must support their children, even if one parent is out of work.

How is child support calculated during unemployment?

New York family courts use several tools to set and collect child support when a parent does not have a job:

• Unemployment benefits garnishment: If the other parent gets New York State Unemployment Insurance (UI), those payments count as income. The Support Collection Unit (SCU) can take child support straight out of their weekly unemployment checks.
• Imputing income: If a judge finds that a parent quit, was fired for cause or is choosing not to work, the court can “impute” income. This means the judge calculates support based on what the parent should be earning based on their work history, skills, education and local job market.
• Statutory minimum orders: If a parent has almost no income or assets, state law sets a basic minimum payment so back support keeps accumulating. If a parent has minimal income or assets, state law mandates a basic minimum support payment of $25 per month for income below the federal poverty level and $50 per month for income below New York’s self-support reserve.
• Court-ordered job searches: Judges often order unemployed parents to join job-training programs and turn in proof of active job applications.

In New York, child support payments officially begin on the date you file your petition in family court. Filing early ensures that back payments start building up right away.

Protecting your child’s financial rights

If the other parent is unemployed, child support may still be available through income from benefits, imputed earnings or a minimum order. The exact amount and enforcement method depend on the facts of the case and the court’s findings. Reviewing the parent’s employment history and current income can help clarify the options.