New York uses a formula based on your income and custody arrangement

New York calculates child support using a combined parental income model. The state takes both parents' incomes, applies a percentage based on how many children need support, and divides the obligation between parents according to their income shares. The formula changes depending on whether you have one child, two children, three children, or more.

The calculation starts with combined parental income — the total of both parents' gross income from all sources. New York then applies a percentage to that combined income. For one child, the percentage is 17 percent. For two children, it is 25 percent. For three children, it is 29 percent. For four children, it is 31 percent. For five or more children, it is no less than 35 percent.

Once the state calculates the total support obligation, it divides that amount between the parents based on each parent's share of the combined income. If one parent earns 60 percent of the combined income and the other earns 40 percent, the obligation splits that way. The parent without primary custody typically pays their share to the parent with primary custody.

Key Takeaways

  • New York applies a set percentage (17 percent for one child, 25 percent for two, 29 percent for three, 31 percent for four, and 35 percent or more for five or more) to combined parental income.
  • Income includes wages, salary, bonuses, self-employment earnings, rental income, and certain benefits — not just a paycheck.
  • The calculation divides the total obligation between parents based on each parent's percentage of the combined income.
  • Child support orders can be modified if either parent's income changes significantly or custody arrangements change.
  • New York courts can order support above the guideline amount if the combined income exceeds a certain threshold or other factors explore.

What counts as income for the calculation

New York's definition of income is broader than just a regular paycheck. It includes wages and salary, bonuses and commissions, self-employment income, rental income from property, interest and dividend income, Social Security benefits (in certain cases), unemployment insurance, workers' compensation, and disability benefits. Income also includes money from a business you own or operate.

The state does not count all money as income. Child support payments you receive for other children, means-tested public benefits like TANF or SNAP, and certain types of workers' compensation do not count. If you are self-employed, you can deduct legitimate business expenses, but the state looks at your actual net income, not what you claim on taxes.

If a parent is not working or is working below their earning capacity, a New York court can impute income — meaning the judge assigns an income level based on what that parent could reasonably earn. This prevents someone from deliberately staying unemployed to avoid child support. The court considers the parent's age, health, education, work history, and local job market when imputing income.

How custody arrangements affect the calculation

The percentage of time each parent spends with the child can change the child support amount. If both parents share custody roughly equally — typically defined as each parent having the child at least 40 percent of the time — the calculation may be adjusted. New York does not eliminate child support in 50/50 custody situations, but it can reduce the amount the higher-earning parent pays.

The parent with primary custody (the child spends more than 60 percent of the time with this parent) receives child support from the other parent. If custody is split nearly equally, the court calculates the obligation as usual but may adjust it downward to account for the expenses the non-custodial parent covers directly — food, housing, activities — during their parenting time.

Custody changes after a child support order is in place can lead to a modification. If you lose primary custody or gain it, or if the time-sharing arrangement shifts significantly, either parent can ask the court to recalculate support based on the new arrangement.

Income thresholds and above-guideline support

New York has an income cap for the guideline calculation. When combined parental income exceeds a certain amount — this threshold changes yearly and is adjusted for inflation — the court is not required to stop at the guideline percentage. Instead, the judge has discretion to order additional support based on factors like the standard of living the child enjoyed before the parents separated, the non-custodial parent's ability to pay, and the child's actual needs.

This means high-income parents may pay more than the guideline formula would suggest. A judge might order support that covers private school tuition, extracurricular activities, or other expenses beyond basic living costs. The court must state its reasons for ordering above-guideline support in writing.

Conversely, if a parent's income is very low or zero, the court can order support below the guideline amount or suspend it temporarily, depending on the circumstances and the child's needs.

How to find out what you or the other parent should pay

If you have a child support order already in place, the amount appears on the court order itself. If you are trying to estimate what support might be, you can use New York's Child Support Standards Act calculator, which is available through the New York State Department of Social Services website. You enter both parents' incomes and the number of children, and the calculator shows the guideline amount.

Keep in mind that using the calculator gives you an estimate only. A court order may differ based on custody arrangements, above-guideline factors, or other circumstances. If you are going through a divorce or custody case, an attorney or the court can provide a more precise calculation based on your specific situation.

If you receive public information or use child support services through the state, the Department of Social Services calculates support as part of the case. You can request a calculation summary from your caseworker.

Modifying child support when circumstances change

Child support orders are not permanent. Either parent can ask the court to modify the amount if there has been a substantial change in circumstances. A substantial change typically means a change in income of 10 percent or more, a significant shift in custody, or a change in the number of children receiving support.

Common reasons for modification include a job loss or job change, a promotion or raise, a change in custody arrangement, the youngest child turning 21 (support usually ends then), or a change in the cost of childcare. You must file a motion with the court that issued the original order and provide documentation of the change — pay stubs, tax returns, or a custody agreement.

While your modification request is pending, you must continue paying the current support amount unless the court orders otherwise. If the court grants the modification, the new amount typically takes effect on the date you filed the motion, not the date the judge signed the order.

Frequently Asked Questions

Does New York count overtime or bonuses as income for child support?

Yes. New York includes bonuses, overtime, commissions, and other irregular income in the calculation. However, if the income is truly irregular or one-time only, the court may average it over several years rather than counting a single large payment as annual income.

What happens if the non-custodial parent refuses to work?

New York courts can impute income based on what the parent could reasonably earn given their education, skills, and work history. The judge will not accept deliberate unemployment as a reason to avoid support. If the parent is genuinely unable to work due to disability, the court considers that, but the burden is on the parent to prove it.

Can child support be modified if my ex gets a raise?

Yes, if the raise results in a 10 percent or greater increase in income. You would file a motion to modify with the court. The other parent can also request a modification if their income decreases by that threshold.

Does New York count child support I pay for another child?

No. Child support you pay for other children is deducted from your income before the calculation, which lowers the amount you owe for the current case. You must provide proof of the other support obligation.

When does child support end in New York?

Child support typically ends when the child turns 21, graduates high school (whichever is later), or becomes emancipated. If the child is still in high school after turning 21, support continues until graduation or age 21, whichever comes first. Support can continue past 21 if the child has a disability.