How is child support calculated in New York?

What the Law Says

New York uses a statutory formula under the Child Support Standards Act (CSSA) to calculate the basic child support obligation. The law sets fixed percentages of parents’ combined income — up to a statutory cap — that must be paid for child support.

The CSSA applies to all child support orders in New York, whether established by court order or agreement. It requires courts to calculate a 'basic child support obligation' based on a percentage of the parents’ combined gross income, up to a statutory income cap (adjusted every two years).

For one child, the percentage is 17%; for two children, 25%; for three, 29%; for four, 31%; and for five or more children, at least 35% — though courts may use up to 40% in appropriate cases. The income cap was $154,000 for cases filed in 2023 (adjusted from $143,000 in 2021–2022; $141,000 in 2019–2020).

The law also mandates that parents share 'add-on' expenses — including health insurance premiums, unreimbursed medical expenses, childcare needed for employment or education, and reasonable educational expenses — in proportion to their respective incomes.

Statutory Text

The court shall determine the amount of the basic child support obligation by multiplying the combined parental income up to the income cap by the appropriate child support percentage.

— Family Court Act § 413(1)(c)(i) — Basic child support obligation

Statutory Text

The income cap shall be adjusted… every two years… based on the average annual change in the consumer price index for all urban consumers…

— Family Court Act § 413(1)(c)(ii)(A) — Income cap adjustment

Statutory Text

The court shall also allocate between the parents… health insurance, unreimbursed health care expenses, child care expenses… and educational expenses… in the same proportion as each parent’s income bears to the combined parental income.

— Family Court Act § 413(1)(c)(vii) — Add-on expenses

What Courts Have Said

New York courts have consistently upheld the CSSA’s presumptive formula while recognizing limited discretion to deviate — only when the standard calculation would be unjust or inappropriate.

What to Do

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