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How is child support calculated in New York?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

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:

  • 1 child — 17%
  • 2 children — 25%
  • 3 children — 29%
  • 4 children — 31%
  • 5 or more — no less than 35%
  • 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))

  • Pro rata share of childcare for employment or education
  • Health insurance and unreimbursed medical
  • Educational expenses in the court's discretion
  • 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:

  • 3 years have passed since the order was entered, last modified, or adjusted; OR
  • Either party's gross income changed by 15% or more; OR
  • A substantial change in circumstances.
  • 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.

    When to Talk to a Lawyer
    • Combined parental income exceeds the CSSA cap
    • Self-employed or variable income parent
    • Disputes over the age 21 termination or emancipation
    Related Statutes & Laws
    • 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.