How Is Child Support Calculated in New York?
The New York Child Support Formula, Explained
Short Answer
New York calculates child support using the Child Support Standards Act (CSSA). The non-custodial parent generally pays a percentage of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more — applied to income up to a statutory cap, plus a share of add-on expenses such as child care and health care.
The Child Support Standards Act (CSSA)
New York child support is set by a statutory formula, not left to a judge's discretion. The CSSA combines both parents' incomes and applies a fixed percentage based on the number of children to arrive at the basic support obligation.
The CSSA Percentages
The basic support percentages applied to combined parental income are: 17% for one child, 25% for two children, 29% for three, 31% for four, and no less than 35% for five or more children. The non-custodial parent pays their pro-rata share of that amount.
What Counts as Income?
Income under the CSSA is broad — it includes wages, self-employment income, bonuses, investment income, and more. The formula applies to combined income up to a statutory cap, above which a court has discretion to apply the percentages or consider other factors.
Add-On Expenses
Beyond the basic obligation, parents typically share “add-on” expenses in proportion to their incomes — including child care needed for work, health insurance, unreimbursed medical costs, and sometimes educational expenses.
When the Court Can Deviate
A court may order more or less than the CSSA amount if applying the formula would be unjust or inappropriate, based on factors such as the children's needs, the parents' resources, and the standard of living the children would have enjoyed.
This page provides general information about New York divorce law and is not legal advice. Every case is different — for guidance on your specific situation, speak with a NYC divorce attorney.
