New York uses a formula from the Child Support Standards Act: add both parents' income, apply a set percentage based on the number of children, and split the result in proportion to each parent's share of the income. Child care, health insurance, and medical costs are usually added on top.
The law behind the number
Child support in New York is set by the Child Support Standards Act, often called the CSSA. The same formula applies whether the case is in Supreme Court as part of a divorce or in Family Court.
The formula produces a presumptive amount. The court starts there, and it can only move away from it for reasons it states on the record.
Step one: each parent's income
The calculation starts with each parent's gross income, usually taken from the most recent tax return. Certain items are then subtracted, such as Social Security and Medicare (FICA) taxes and New York City income tax.
Income is not limited to wages. Self-employment earnings, investment income, and some benefits can count. If a parent is underemployed or hiding income, the court can impute income based on what that parent is able to earn.
Step two: the percentages
Both parents' incomes are added together to get the combined parental income. A percentage is then applied based on how many children the support is for:
- One child: 17%
- Two children: 25%
- Three children: 29%
- Four children: 31%
- Five or more children: at least 35%
Step three: splitting it by income share
The result is divided between the parents in proportion to their incomes. If one parent earns 70% of the combined income, that parent's share is 70% of the total.
The non-custodial parent pays their share to the custodial parent. The custodial parent's share is assumed to be spent directly on the children.
A short example with round numbers: if two children are involved, 25% of the combined income is the starting figure. A parent with 60% of the combined income would owe 60% of that figure.
The income cap
The percentages apply automatically only up to a combined income cap. The state adjusts that cap periodically, so check the current figure rather than relying on an old number you read somewhere.
Above the cap, the court has a choice. It can apply the same percentages to the higher income, or it can set support for that part of the income using factors listed in the law, such as the financial resources of each parent, the child's needs, and the standard of living the child would have had if the family had stayed together. The court has to explain its choice.
Add-ons to the basic amount
Basic support is only part of the picture. Certain costs are shared between the parents in the same income proportions:
- Child care costs when the custodial parent is working, looking for work, or in school or training
- Health insurance for the children
- Reasonable medical, dental, and other health costs that insurance does not cover
- Education costs, which the court may order depending on the circumstances
When parents agree to a different amount
Parents can agree on child support in a settlement or a stipulation, and they can agree to an amount different from the guideline. The agreement has to meet specific requirements to be valid.
It must state that the parents were told about the CSSA, state the amount the guidelines would produce, and, if the agreed number is different, explain the reasons for the difference. An agreement missing these recitals can be thrown out, even years later. The court also reviews the agreement before approving it.
Changing an existing order
Either parent can ask to modify a child support order. In general, New York allows modification when one of these applies:
- There has been a substantial change in circumstances
- Three years have passed since the order was entered, last modified, or adjusted
- Either parent's gross income has changed by 15% or more since then
A drop in income generally has to be involuntary to count, and the parent has to show real efforts to find comparable work. Parents can also give up the three-year and 15% grounds in a written agreement, so read your agreement before assuming they apply.
Support in New York generally continues until the child turns 21.
When to talk to a lawyer
The formula looks simple, but the income figures behind it are often where the disagreement is, especially with self-employment, cash income, or combined income over the cap. Getting the agreement language wrong can also undo a settlement later.
If you are working out support in a divorce or a Family Court case, or thinking about a modification, call our Brooklyn office or request a consultation.
This post is general information, not legal advice, and reading it does not create an attorney-client relationship. Every situation is different, and the law changes. Prior results do not guarantee a similar outcome.