Child Support

How much will be paid for Child Support in New York State?

The Child Support payable in New York State can sometimes be difficult to calculate, but is usually paid by the non-custodial parent to the custodial parent for the support of the children.

The amount payable is calculated by using the Child Support Standards Act (CSSA) of the State of New York. The CSSA takes into account the gross incomes of both parents, and the appropriate deductions for the Federal Insurance Contributions Act (FICA). There may also be other deductions besides FICA. The CSSA contemplates the first eighty-thousand dollars of combined parental income. Income is based on the most recent income tax return.

The non-custodial parent's annual "basic child support obligation" is generally calculated by multiplying the non-custodial parent's "percentage of combined gross income", by the combined gross incomes of the parents, less: the non-cusodial parent's annual payment to FICA (usually .0765 of gross income), multiplied by the appropriate "child support percentage".

A parent's "percentage of combined gross income" is equal to the parent's gross income, divided by the combined gross incomes of both parents.

The "child support percentage" is as follows:

a) 17% for one child
b) 25% for two children
c) 29% for three children
d) 31% for four children, and
e) no less than 35% for five or more children.

Once you get the figure for the annual payment, divide by twelve for a monthly payment, divide by twenty-six for a bi-weekly payment, or divide by fifty-two for a weekly payment.

NY Child Support Calculator

How Long Does Child Support Get Paid?

Child support stops when a child reaches the age of 21 or is earlier emancipated. The parents may agree to support their children beyond the age of 21, for example, until the children graduate from college.

What Other Child Support Gets Paid?

In addition to the payment of the "basic child support" obligation, typically one parent will be responsible for providing healthcare insurance for the children.

Usually each parent will be responsible for paying a pro-rata share of the uninsured medical and dental costs.

Usually each parent will pay a pro-rata share of the childcare expenses incurred while the custodial parent is working or attending school.

The pro-rata share is equal to the parent's percentage of combined gross income.

In addition, the non-custodial parent may also agree to purchase a life insurance policy on his or her life, naming the custodial parent or the children as irrevocable beneficiaries, to secure future child support payments.

Can the Parents Agree to pay More or Less than the Payment Required by the CSSA?

The parents are free to Opt Out of the CSSA, but any agreement must set forth the amount that is supposed to be paid pursuant to the CSSA, and the reasons for deviating from the formula.

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