How is child support calculated in New York?
New York child support is governed by the Child Support Standards Act (CSSA) codified at DRL § 240(1-b) and Family Court Act § 413.
1. Percentage of Combined Parental Income
The court adds both parents' incomes and applies a fixed percentage:
The non-custodial parent pays a pro rata share based on income.
2. Income Definition (DRL § 240(1-b)(b)(5))
Includes wages, investment income, workers' comp, unemployment, Social Security, pensions, fellowships, and even fringe benefits if they reduce expenses. Allowable deductions: FICA, NYC/Yonkers tax, alimony actually paid, prior-order child support.
3. The Cap and "Above-Cap" Income
The CSSA cap is adjusted every 2 years for cost of living. The 2024 cap is $183,000 of combined parental income (was $163,000 in 2022). Above the cap, the court may either (a) apply the same statutory percentage or (b) consider the paragraph (f) factors — financial resources of child and parents, child's standard of living, tax consequences, non-monetary contributions, educational needs, etc.
4. Add-Ons (DRL § 240(1-b)(c)(4)-(7))
5. Duration (Family Court Act § 413(1)(a))
Support continues until the child reaches age 21 (one of the longest ages in the U.S.) unless emancipated earlier (marriage, military service, full-time employment, etc.).
6. Modification (DRL § 236(B)(9)(b)(2))
A party may seek modification if any of the following:
7. Self-Support Reserve
Where the obligor's income falls below 135% of the federal poverty level, support may be set as low as $25/month under the CSSA's low-income provisions.
This is legal information, not legal advice.
- Combined parental income exceeds the CSSA cap
- Self-employed or variable income parent
- Disputes over the age 21 termination or emancipation
- N.Y. Dom. Rel. Law § 240(1-b)
- N.Y. Fam. Ct. Act § 413
- N.Y. Dom. Rel. Law § 236(B)(9)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.