New York Child Support Calculations
Created by FindLaw's team of legal writers and editors | Last reviewed April 02, 2018
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
In New York, both parents must provide financial support for children under the age of 21. If a child is under 21, the parents aren't obliged to support a child who is "emancipated" through marriage, military, or who is otherwise self-supporting. Basic child support is intended to cover the expenses incurred by a custodial parent who maintains the child's household including food, clothing, and basic living expenses. The court orders child support during a divorce case or when a parent files a petition. If parents share the same opinion, they can submit a written agreement which the court will generally accept as long as certain requirements are met.
New York uses an "income shares" model to calculate child support which means that the support is based on the parents' combined income (regardless of their income level) and a percentage of that income based on the number of children. The rationale for using the model is that a child is entitled to receive the same proportion of parental income that they would have received had the parents stayed together. After the calculations are complete, the result is the presumptively correct amount for child support. However, a parent can request a modification of a child support order due to relocation, job loss, or other significant changes of circumstances.
New York Child Support Calculations at a Glance
Because of the complexity of statutory language, an attorney's perspective provides a crucial understanding of the law that can't be replicated. However, it's also very beneficial to view the law in more simplistic terms. The chart below provides a summary of state laws detailing New York's child support calculations.
Statutes |
|
Child Support Formula for Calculations |
New York's support guidelines are fixed percentages of gross income and vary only by the number of children, and are as follows:
|
Sources of Income |
In addition to gross income, the court looks at other sources of income including the following:
Reduction in Income If the parent receives benefits that reduce that parent's own living expenses, the court can include them. Included based on court's discretion:
In cases where the court can determine that a parent deliberately reduced income, the court has discretion to impute a higher amount of income that was actually earned based on evidence of past earnings, experience, and education. Deductions The court reduces each parents' income by deducting the following:
|
Calculation for the pro rata shares of income |
The court calculates a pro rata share of income for both parents by dividing each parent's child support income by the combined total parental income. Then the court determines the non-custodial parent's pro rata share by multiplying the non-custodial custodial pro rata share of income by the presumptively correct total amount of child support. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
New York Child Support Calculations: Related Resources
Get Help with Child Support Calculations from a New York Attorney
Although statutory guidelines determine child support obligations, there are many factors that impact the actual order. Don't risk your child's security by underestimating the complexity of New York's child support calculations. Get help with calculations and other support issues from an experienced child support attorney located near you.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Over 40 years expereince delivering sensible solutions in Family Law matters, without the drama.
Virtual Appointments