New York uses a formula, not a judge's opinion, to set most child support amounts
New York State calculates child support using the Child Support Standards Act (CSSA), a formula based on the paying parent's income. The formula applies to most cases unless a judge finds it would be unjust or inappropriate. The amount depends on how many children need support, what each parent earns, and who has custody.
The basic calculation takes a percentage of the paying parent's income up to a cap. That cap changes each year — it was $163,000 in 2024, but you should check the current year's figure with the New York State Department of Social Services or your local child support office. Income above the cap may be considered at the judge's discretion.
The formula produces a base amount. From there, the court adds costs for childcare, health insurance, and unreimbursed medical expenses. The result is the monthly or annual support order.
Key Takeaways
- New York's formula takes a percentage of the paying parent's income: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more.
- The percentage applies only to income up to an annual cap, which changes yearly and was $163,000 in 2024.
- The court adds the paying parent's share of childcare costs, health insurance premiums, and unreimbursed medical expenses to the base amount.
- If both parents have significant income, the court divides the support obligation between them based on their relative earnings.
- A judge can order an amount different from the formula if applying it would be unjust, but must explain the reason in writing.
The income percentages for one child through five or more
The CSSA formula multiplies the paying parent's income by a fixed percentage that depends on the number of children:
| Number of Children | Percentage of Income |
|---|---|
| One child | 17% |
| Two children | 25% |
| Three children | 29% |
| Four children | 31% |
| Five or more children | 35% |
These percentages apply to the paying parent's combined parental income — wages, salary, self-employment income, bonuses, commissions, and certain other sources. The income cap means the percentage applies only to earnings up to the state-set limit; income above that threshold is handled separately.
The formula assumes the custodial parent (the one with the children most of the time) spends money on the children directly. The paying parent's obligation is calculated as their share of the total cost of raising the children.
How the income cap works and what happens above it
The income cap is an annual figure set by New York State and adjusted each January. In 2024, it was $163,000. This means the percentage-based formula applies only to income up to that amount. If the paying parent earns more, the income above the cap is not automatically included in the calculation.
For income above the cap, the court has discretion. The judge may order additional support based on factors like the standard of living the children enjoyed before the separation, the non-custodial parent's ability to pay, and the children's actual needs. There is no automatic formula for income above the cap, so outcomes vary by judge and by case.
This distinction matters most in high-income cases. A parent earning $250,000 per year pays the formula percentage only on the first $163,000; the remaining $87,000 is subject to the judge's judgment, not an automatic calculation.
Additional costs added to the base amount
The formula produces a base child support amount, but the final order usually includes more. The court adds the paying parent's share of three categories of expense:
Childcare costs: If the custodial parent pays for daycare, preschool, or after-school care so they can work, the paying parent typically covers a percentage of that cost. The percentage is based on their share of combined parental income. For example, if the paying parent earns 60% of the combined income, they pay 60% of the childcare bill.
Health insurance: The court orders one or both parents to carry health insurance for the children. If the paying parent provides it, the cost of the premium is added to the support order. If the custodial parent provides it, the paying parent reimburses their proportional share.
Unreimbursed medical expenses: Costs not covered by insurance — copays, deductibles, orthodontia, therapy, prescriptions — are split between the parents, usually in proportion to their income. The paying parent's share is added to the monthly support obligation.
How custody arrangement affects the calculation
The formula assumes one parent has primary custody and the other pays support. If custody is shared more evenly — for instance, each parent has the children roughly half the time — the calculation changes.
When both parents have substantial parenting time, New York uses an adjusted formula. Each parent's support obligation is calculated separately based on their income and the number of children. The parent with the higher obligation then pays the difference to the other parent. This prevents both parents from owing full support to each other, which would be illogical.
The exact threshold for "substantial" parenting time varies, but courts generally apply the adjusted formula when one parent has the children at least 40% of the time. If you have a shared custody arrangement, the child support amount will differ from a case with sole custody.
What counts as income for child support purposes
New York's definition of income for child support is broader than wages alone. It includes:
- Salary, wages, and hourly pay
- Self-employment income and business profits
- Bonuses and commissions
- Overtime pay
- Rental income from real estate
- Interest and dividend income
- Pension and retirement distributions
- Unemployment insurance and disability benefits
- Workers' compensation awards
- Annuity payments
Income does not include public assistance (TANF, SNAP), Supplemental Security Income (SSI), or child support received from another source. Some expenses — like court-ordered support for other children, or taxes — are deducted from income before the formula is applied.
If a parent is self-employed or has irregular income, the court may average income over a period of time or use tax returns to establish a baseline. A parent who claims very low income may face scrutiny if their lifestyle or assets suggest higher earning capacity.
When a judge can order an amount different from the formula
The CSSA formula is the starting point, but it is not mandatory in every case. A judge may deviate from the formula if applying it would be unjust or inappropriate. The law lists factors the court must consider when deciding whether to deviate:
- The standard of living the children would have had if the parents had remained together
- The non-custodial parent's ability to pay
- The custodial parent's ability to provide for the children
- The children's actual needs
- The impact of custody arrangements on each parent's earning capacity
- Other court-ordered support obligations for other children
- Extraordinary expenses (special education, medical needs, activities)
- The tax consequences of the support order
- The age and health of the children
- Any other relevant factor
If a judge orders an amount different from the formula, they must state the reason in writing. This is important because either parent can appeal if they believe the deviation was not justified. Deviations are more common in high-income cases, cases involving shared custody, or cases where a child has special needs.
How to find out what the current income cap is
The income cap changes each January. To find the current year's figure, contact your local child support enforcement office (run by your county or the New York State Department of Social Services) or visit the state's child support website. You can also ask your attorney or the court clerk.
The cap is adjusted annually for inflation, so it rises most years. Using an outdated cap in your calculations will give you an inaccurate estimate. If you are negotiating a support amount or reviewing an order, confirm the current cap first.
Frequently Asked Questions
Can child support be ordered if the paying parent has no income?
Yes. A judge can order support based on the parent's earning capacity — what they could earn if they worked — rather than their actual current income. This prevents a parent from avoiding support by deliberately staying unemployed or underemployed. The court may order a lower amount, but not zero.
Does child support change if the paying parent loses their job?
Not automatically. The support order stays in place until a court modifies it. However, if the paying parent's income drops significantly and they file a petition to modify, a judge may lower the amount. The parent must show the income loss was not voluntary and was substantial. Simply asking for a reduction is not enough; a formal modification case is required.
What if both parents have high incomes?
The formula still applies to income up to the cap. For income above the cap, the judge has discretion and considers the children's actual needs, the standard of living, and other factors. High-income cases often result in amounts higher than the formula would produce, but there is no automatic calculation for the excess income.
Is child support the same as alimony?
No. Child support is for the children's benefit and is based on the formula described here. Alimony (called "maintenance" in New York) is paid by one spouse to the other and uses a different formula based on different income limits and percentages. They are separate obligations and are calculated independently.
Can I negotiate a child support amount that differs from the formula?
Yes, if both parents agree in writing and a judge approves it. The agreement must be fair to the children and not contrary to their best interests. A judge will review any agreed-upon amount before making it an order. You cannot simply ignore the formula; you need court approval for any deviation.