New York Child Support Guidelines
By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed May 19, 2025
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While both parents are responsible for the needs of the child, the non-custodial parent (NCP) is expected to contribute set payments. These are to help pay for necessities like food, clothing, and health insurance. The court uses certain guidelines to determine what amount is in the best interests of the child and fair to both parents.
Children depend on their parents to provide them with their basic necessities. This doesn't change if the parents are no longer together. New York expects children to receive the same level of caretaking and support regardless of the relationship between their parents. In most instances, this is achieved through child support.
In this article, we'll examine how the state of New York determines the amount of child support involved, the agencies that get the money where it needs to go, and how the process works. Read on to learn more about child support payment guidelines in New York.
Determining Child Support Payments in New York
Child support under federal law began in 1975. Title IV-D of the Social Security Act required states to set up programs to establish and enforce child support payments. Child support amounts are set through a court order. This can come from any of the following:
Ordered during a divorce case or a child custody case
Ordered by filing a support petition
Arranged by written agreement between the parents
A written agreement must meet certain requirements or the court can refuse to use it.
In most child support cases, there is a custodial parent and a non-custodial parent (NCP). The custodial parent is the one the child lives with the majority of the time. The NCP will likely have a basic child support obligation to pay.
New York's guidelines for determining child support payments are relatively straightforward. The state uses the income shares model. This is based on combining the gross income of both parents.
In addition to money earned at a job or through owning a business, other types of qualifying income include:
Workers' compensation
Disability benefits
Unemployment insurance benefits
Social security benefits
Supplemental Security Income (SSI)
Veterans benefits
Pensions and retirement benefits
Fellowships and stipends
Annuity payments
Other sources of income not listed here are eligible as well. Once the gross income is determined, a formula based on the number of children is used. This creates a figure seen as equal to roughly the amount of income that would have been spent on the kids in one household.
The formula is as follows:
17% for one child
25% for two children
29% for three children
31% for four children
at least 35% for five or more children
Let's use parents with a combined income of $100,000 and one child as an example. New York child support guidelines assume they would have spent $17,000 on their kid if they were parenting together. The child support amount is then adjusted for the gross income percentage of each parent. If one parent earned $80,000 and the other $20,000, each parent's share will be different amounts.
The child support percentage each parent pays is based on the percentage of gross income they contribute. The total for the non-custodial parent (NPC) is increased for any additional child care expenses and insurance coverage for health care at the same percentage.
If there are educational costs, 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 determined as well.
It's possible that the amount owed in child support, as determined by the New York system, would lower a parent's income below the poverty level. If that's the case, that person owes $25 a month instead unless the court rules otherwise.
Other New York Child Support Guidelines
All child support orders are reviewed every two years to determine whether any cost-of-living adjustments (COLA) are necessary. If life circumstances change, such as the loss of employment or an increase in income, a petition can be filed to modify the order.
As of 2024, if the joint combined income of the parents is over $183,000, the court isn't required to follow the formula and can enact a different method of determining child support payments.
Parents are permitted to submit their own written agreement for child support if both have agreed to it. The court will alert them to any deviations from the New York guidelines and make sure both of them understand the terms of the agreement before granting approval. If you're contemplating this option, it's a good idea to get legal advice from a New York child support attorney.
Nonpayment of child support is not tolerated in New York. Child Support Enforcement Services and Support Collection Units can garnish paychecks, seize funds from income tax refunds and lottery winnings, and suspend driver's licenses and passports. Those falling into arrears (owing for nonpayment) can face jail time.
New York Child Support Guidelines - Summary
A thorough reading of statutory language is essential to grasping legal concepts. However, it's also useful to refer to a straightforward explanation of the law. The table below offers a recap of New York's laws defining the state guidelines for child support and includes links to the relevant statutes.
New York Child Support Guidelines Statutes |
Consolidated Laws of New York Chapter - Family Court Child Support Standards Act (CSSA)
|
Child Support Timeline |
Under New York law, both parents must support their child until the child is 21 years old. Parents can discontinue paying support if a child under 21 is:
|
Income Shares Model |
New York uses the income shares model to calculate child support awards. The model is based on the notion that a child should receive the same proportion of parental income that they would have received had the parents remained together. The guidelines use both parents' incomes in the calculation and the percentages are the same regardless of the parents' level of income. The guidelines are presumed to be the correct amount of support to be awarded in any hearing for child support. Parents can use a written finding proving that the support is inappropriate before the order goes into effect. The judge will decide whether to reduce or increase the amount. After the child support order is in place, parents can petition for a modification based on major changes in circumstances. This can include such as losing your job or relocation. New York law requires an automatic review for cost of living adjustments (COLA) every two years. |
New York Child Support Formula |
New York's guidelines are fixed percentages of gross income. They vary by the number of children. These are as follows:
The NCP is responsible for a percentage of additional expenses such as child care and health insurance. The court can rule they are responsible for all educational expenses. If the combined gross income of the parents is over $183,000, the court can use other factors to determine child support payments. If child support payments through the guidelines would move an NCP's income below the poverty line, the court can set their child support payment to $25 a month. |
Note: New York state laws can change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. To confirm current New York laws, speak with a New York family law attorney.
New York Child Support Guidelines: Related Resources
Need Help Understanding Child Support Guidelines? Find an Attorney
The child support process can be daunting and confusing. It's important to understand how it works since it affects your child's well-being. An experienced child support attorney can make you aware of public assistance, what guideline amounts you should expect to pay or receive, and help you in court with the support magistrate.
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