How Is Child Support Calculated in New York?

New York uses the Child Support Standards Act (CSSA) formula to calculate child support, primarily based on combined parental income up to a statutory cap, applied percentages by number of children, and prorated shares. This ensures equitable support reflecting both parents’ financial responsibilities.

Child Support Standards Act (CSSA)

The CSSA, codified in New York Family Court Act §413, mandates a three-step process: compute combined parental income, apply the child support percentage to income up to the cap (recently adjusted to around $183,000), and allocate pro rata based on each parent’s income share. Courts deviate only for specific reasons like extraordinary expenses.

Step 1: Calculate Each Parent’s Income

Gross income includes wages, salaries, bonuses, commissions, investment income, unemployment, workers’ compensation, Social Security, and more—essentially all non-excluded earnings reported on tax returns plus imputed categories.

• Includable income: Salaries, self-employment profit, business income, pensions, royalties, alimony from prior relationships.
• Excludable: Public assistance, SSI.

From gross income, deduct allowable expenses: FICA (Social Security/Medicare taxes), NYC/Yonkers taxes if applicable, child support/alimony for prior children or spouses by court order, un-reimbursed health insurance for the children.

Example: Parent A earns $150,000 gross salary. Deduct $11,500 FICA, $5,000 prior child support, $2,000 child health insurance = adjusted income $131,500.

Step 2: Calculate Combined Parental Income

Add both parents’ adjusted incomes to get combined parental income (CPI). If Parent A is $131,500 and Parent B $80,000, CPI = $211,500.

The CSSA cap—updated periodically via LDSS 4515 chart—is $183,000 as of recent guidelines (subject to biennial adjustment). Formula applies strictly up to this cap; above it, courts exercise discretion.

Step 3: Apply Child Support Percentage

Statutory percentages multiply the CPI (capped portion):

.

For CPI ≤ $183,000, apply percentage directly. Example: 2 children, CPI $150,000 → Basic obligation = $37,500 (25% of $150,000).

Combined Income Above the Cap

For CPI > $183,000, apply percentage to first $183,000, then decide on excess. Courts consider 10 factors: child’s needs, parents’ financial resources, standard of living, extraordinary expenses, tax consequences, non-monetary contributions, debts, custody arrangement.

Example: CPI $211,500 (2 children). First $183,000 × 25% = $45,750. Court might cap excess at $211,500 total, adding $7,125 (25% of $28,500), total obligation $52,875—or adjust downward/upward.

Step 4: Calculate Pro Rata Shares

Each parent’s obligation = total basic obligation × (their income / CPI). Parent A (62% share): 62% of $52,875 ≈ $32,784 annually. Non-custodial parent pays this to custodial.

Example from sources: Parents with $100,000 + $150,000 CPI ($250,000, 2 kids). Basic: $45,750 (cap) + discretionary. Pro rata: Higher earner pays majority.

Child Support Add-Ons

Beyond basic obligation, add-ons are prorated:

• Health insurance: Premiums for children.
• Unreimbursed medical: Dental, optical, therapy >$250/year/child.
• Education: Private school (if agreed/pre-existing), tutoring.
• Extracurricular: Sports, lessons if reasonable.

Add-ons apply even if CPI exceeds cap. Example: $3,000 annual health premiums split pro rata.

Deviations from the Formula

Courts deviate if formula is unjust/unappropriate, considering:

• Financial resources/hardship.
• Custody time (e.g., 50/50 reduces payment).
• Child’s special needs.
• Non-monetary contributions (homemaking).
• Tax impacts, debts.

In 50/50 custody, courts often adjust downward using parenting time factors.

Imputing Income

Courts impute income to underemployed parents based on earning capacity, recent work history, education, health, child’s needs, willful unemployment. Example: Stay-at-home parent with MBA imputed $80,000.

Child Support Calculators and Worksheets

Official tools:

• NY Courts worksheets.
• OCSS Calculator (NYC.gov).
• LDSS 4515 Standards Chart.

Third-party like CustodyXChange for estimates. Always consult attorney; calculators approximate.

Duration of Child Support in New York

Support ends at child age 21 (emancipation: college, marriage, military, financial independence earlier). Exceptions: Disabilities extend indefinitely.

Modifying Child Support Orders

Modify for substantial change: Income shift >15%, custody change, cost of living adjustment (COLA). File petition in Family Court.

Joint Custody and Child Support

No automatic offset; non-custodial still pays based on income disparity. Equal custody may lead to deviation. Example: 50/50 with equal income → minimal/no payment.

Child Support Arrears and Enforcement

OCSS enforces via wage garnishment (up to 65%), liens, license suspension, passport denial, jail. Arrears never discharge in bankruptcy.

Frequently Asked Questions (FAQs)

What is the child support percentage for 1 child in NY?

17% of combined parental income up to the cap.

Does 50/50 custody mean no child support?

Not automatically; courts consider income disparity and may order payment from higher earner.

What income is included for child support in NY?

Wages, bonuses, investments, minus FICA, prior support, taxes.

Can child support be modified in NY?

Yes, for substantial change in circumstances.

How long does child support last in NY?

Until child is 21 or emancipated.

Next Steps

Consult a family law attorney for personalized calculation. Use official calculators for estimates, but court orders require petition.

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Medha Deb is an editor with a master's degree in Applied Linguistics from the University of Hyderabad. She believes that her qualification has helped her develop a deep understanding of language and its application in various contexts.

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