New York Child Support Calculations

By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed May 30, 2025

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It costs money to raise a child. This is true regardless of whether or not their parents are together. In New York, parents are responsible for the well-being of their children. This includes making sure they're provided for through child support payments. Child support is designed to make sure children have their basic needs covered.

Many factors go into calculating how much each parent is expected to contribute to child support. The guidelines are somewhat confusing. In this article, we'll examine the systems used to determine child support payment amounts, what variables are involved, and how payments are made. Read on for a better understanding of how child support payments are calculated in New York.

Background and History of New York Child Support

There was no federal mandate for child support prior to 1975. In that year, the Social Security Act was made into law. Title IV-D required states to set up programs to handle, allocate, and enforce child support payments.

Child support is determined in New York's Family Courts. A court order is issued with the amount each parent is responsible for. Proceedings for child support cases are initiated due to the following:

  • Ordered during a child custody case
  • Ordered during a divorce case
  • Ordered by one parent filing a support petition

All parents are responsible for supporting their children until they reach the age of 21 or become emancipated through marriage, joining the military, getting full-time employment, or other means.

Another method of settling child support payments is when both parents sign off on a written agreement. Agreements require court approval. The support magistrate will ensure that both parents are aware of the Child Support Services Act (CSSA) and confirm that both parties understand what they're agreeing to. For a written agreement, it's a good idea to involve a New York child support attorney.

Child Support Calculations Process

New York courts use straightforward guidelines for determining child support payments. The formulas employed are designed to ensure the child's needs are met while not being too onerous on the parents' financial means. The support magistrates have some leeway in the final totals.

Unless there's an even split of parenting time, a child support case will identify a custodial parent and a non-custodial parent (NCP). The child lives with the custodial parent for the majority of the time. In most cases, the NCP will make payments to the custodial parent through the New York State Office of Child Support Services (OCSS).

New York's goal is for the children to receive the same financial support they would expect if they lived in a two-parent household. To accomplish this, they use the income shares model, which calculates the combined parental income.

The most common sources of annual income are what your employer pays you or what you earn running a business. Other types of qualifying income are calculated as well. These include:

  • Supplemental Security Income (SSI)
  • Veterans benefits
  • Pensions and retirement benefits
  • Workers' compensation
  • Disability benefits
  • Unemployment insurance benefits
  • Social security benefits
  • Fellowships and stipends
  • Annuity payments
  • Any sort of public assistance program
  • Other sources of income on your tax return

This list is not exhaustive and can include any type of income the court deems eligible.

The gross income of both parents is then applied to the child support percentage, a formula based on the number of children. The result is the amount of money the parents would have spent on the children if parenting together under one roof. The formula is the same for all parents in New York. It calls for:

  • 17% for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • at least 35% for five or more children

The Child Support Standards Chart breaks down the guideline amounts due. The court can use alternate means to determine child support amounts if the combined gross income is over $183,000.

After this percentage is determined, the amount is then split between the parents based on a number of factors. These include adjusting for the gross income percentage of each parent and each parent's role in the child's life. It's common for the noncustodial parent to pay, but this is affected if the other parent has a much higher income.

The total for the noncustodial parent (NCP) is increased for any additional childcare expenses and health insurance coverage at the same percentage. If there are educational expenses, the court can rule that the NPC is responsible for all payments.

Additional medical expenses beyond insurance are prorated between the parents. Other add-on expenses are divided in the same manner, such as the requirements for a child with special needs.

Safeguards are in place to keep the basic child support obligation from driving a parent's income below the self-support reserve. This is also known as the poverty level. In such an instance, the court can reduce the monthly payments to a minimum of $25 a month.

Under certain circumstances, modification of a child support order is possible. This requires a change of circumstance, often involving finances. Adjustments are permitted for significant cost of living adjustments (COLA) as well. COLA evaluation takes place every two years in New York.

While allowances are made for involuntary loss of income, the state of New York has no tolerance for parents falling into arrears by choice. This includes quitting a job without cause or refusing to make a reasonable effort to find employment. In certain cases, nonpayment can lead to jail time, loss of a driver's license, and interception of income tax refunds and lottery winnings.

New York offers online child support calculators to help parents get a rough idea of how much financial support is required. These are not exact numbers and aren't binding or official in any way.

New York Child Support Calculations - Review

Children aren't able to support themselves. It's unfair to expect one parent to shoulder the entire financial burden. Child support payments are designed to lighten the load. The table below recaps what you've learned about calculating child support payments. It also includes links helpful for further research.

New York Child Support Calculation Code Statutes

Consolidated Laws of New York

Chapter - Family Court

Child Support Standards Act (CSSA)

Chapter - Penal

Article 460 - Offenses Related to Children, Disabled Persons, and Vulnerable Elderly Persons

New York Basic Child Support Formula

New York takes the combined gross income of the parents and applies it to this formula to get preliminary child support payment numbers:

  • One child = 17% of gross income
  • Two children = 25% of gross income
  • Three children = 29% of gross income
  • Four children = 31% of gross income
  • Five or more children = no less than 35% of gross income

The pro rata share for each parent is calculated by using the percentage each parent contributed to the gross income total. Other factors, such as the custodial parent and child care expenses, are applied to determine the final parents' shares.

(NY FCA Section 413 1B3)

Sources of Income Considered for Child Support Payment Determination in New York

In addition to gross income, the court looks at other sources of income that include the following:

  • Social security benefits
  • SSI payments (Supplemental Security Income)
  • Alimony payments
  • Annuity payments
  • Pensions and retirement benefits
  • Unemployment insurance benefits
  • Veterans benefits
  • Workers' compensation
  • Disability benefits
  • Fellowships and stipends

Benefits can have value the court can rule as a type of income. These include:

  • Non-income producing assets
  • Meals, lodging, memberships, cars, and other items that are provided as part of employment compensation
  • Fringe benefits from employment
  • Money, goods, or services provided by friends and relatives

In cases where a parent reduced income on purpose, the court has the discretion to impute a higher amount of income. If the parent falls into arrears due to intentional income reductions, they face sanctions that include jail time, license suspension, and more.

The court reduces each parent's income by deducting the following:

  • Total social security, Medicare, and self-employment taxes paid for the year
  • Additional taxes such from cities such as New York City and Yonkers
  • Annual amount of child support paid to support children with another birth parent
  • Annual amount of spousal maintenance

(NY FCA Section 413 (5iii); NY FCA 413 (vii))

Note: New York state laws change through new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. Please consult with a New York child support attorney to confirm the current state laws.

New York Child Support Calculations: Related Resources

Curious About Child Support Calculations in New York? Get Legal Advice From a Family Law Attorney

Each parent's gross income helps determine the amount of child support owed, but that's far from the only factor. Child support obligations can't be ignored, and the complexity of New York's child support calculations is daunting. An experienced New York child support attorney can fight for reasonable terms if you're the payor.

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