How Child Support Amounts Are Calculated in New York

New York calculates child support using a formula based on both parents' income, not a fixed dollar amount

New York does not have a single child support number that applies to everyone. Instead, the state uses the Child Support Standards Act, which multiplies a percentage by the combined parental income up to a cap. The percentage depends on how many children need support. A parent's actual payment can be higher or lower than the formula suggests if the court finds reasons to deviate — such as one parent having significantly more income, a child with special needs, or custody arrangements that differ from the standard schedule.

The calculation starts with combined parental income, which includes wages, self-employment income, investment returns, and certain benefits. Income is counted only up to a cap that changes each year; in 2024, that cap is $163,000, though the court can include income above the cap if it decides to. Each parent's share of the support obligation is then based on their percentage of the combined income.

Key Takeaways

• New York multiplies a set percentage by combined parental income (capped at $163,000 in 2024) to find the base support amount, with the percentage depending on the number of children.
• Each parent pays their share of the total based on what portion of the combined income they earn, so a parent earning 60% of the total pays 60% of the support obligation.
• The formula applies to income up to the annual cap, but courts can order support based on income above the cap if circumstances warrant it.
• A parent can request the court deviate from the formula if factors like a child's special needs, significant income disparity, or custody time justify a different amount.

The percentages used for different numbers of children

The percentage applied to combined income varies by the number of children:

Number of Children	Percentage of Combined Income
1 child	17%
2 children	25%
3 children	34%
4 children	40%
5 or more children	45%

These percentages have been set by state law and do not change based on the parents' circumstances. If combined income is $100,000 and there are two children, the total support obligation is $25,000 per year, or roughly $2,083 per month. If one parent earns $60,000 and the other earns $40,000, the higher-earning parent pays 60% of that obligation ($15,000 per year), and the lower-earning parent pays 40% ($10,000 per year).

How income is defined and what counts toward the calculation

Income for child support purposes includes far more than a paycheck. New York law counts wages, salary, bonuses, commissions, self-employment income, rental income, investment income, Social Security benefits, unemployment insurance, disability benefits, workers' compensation, and certain pension or retirement distributions. Income also includes the value of non-cash benefits like housing or a vehicle provided by an employer.

Some income is excluded: means-tested public benefits (such as Supplemental Security Income or TANF), child support received from another relationship, and spousal support received. If a parent is voluntarily unemployed or underemployed — meaning they could earn more but choose not to — the court may "impute" income, or count what they could reasonably earn instead of what they actually do.

Self-employed parents must provide tax returns and business records to prove income. If records are incomplete or inconsistent, the court may estimate income based on available evidence or prior years' returns. A parent who claims reduced income due to a recent job loss or business downturn may need to show documentation of the change and explain why it is likely to continue.

What happens when income exceeds the annual cap

In 2024, the income cap is $163,000. Income above that amount is not automatically included in the formula calculation. However, the court has the power to order support based on income above the cap if it finds that doing so is appropriate. The court considers factors such as the standard of living the child enjoyed before the separation, the non-custodial parent's ability to pay, and the financial resources of both parents.

A parent earning $250,000 per year, for example, would not automatically pay support on the full $250,000. The court would calculate the base obligation using $163,000, then decide whether to add support for the income above the cap. The court might order additional support, no additional support, or something in between, depending on the specific facts of the case.

How the court adjusts the formula amount

The formula produces a starting point, not a final answer. The court can order an amount different from the formula if it finds that explore the formula would be "unjust or inappropriate." Reasons for deviation include a child with significant medical or educational needs, one parent having substantially more income than the other, the amount of time each parent spends with the child, and the financial resources available to each parent beyond income.

A parent requesting a deviation must present evidence to the court — such as medical records showing a child's special needs, documentation of private school costs, or a detailed custody schedule showing the child spends more than half the time with one parent. The court does not have to grant the deviation; it must find that the formula amount would be unjust or inappropriate before changing it.

If the parents agree on a support amount that differs from the formula, they can submit a written agreement to the court. The court will review it to may support it is not unconscionable — meaning shockingly unfair — and that it serves the child's best interests. An agreement that is far below the formula amount may be rejected unless the parent paying less can show why the formula does not fit their situation.

How custody time affects the calculation

The percentage of time each parent has custody can change the support calculation. If the non-custodial parent (the one paying support) has the child at least 40% of the time, the court may reduce the support obligation. The reduction is not automatic; the court applies a formula that accounts for the reduced time and may also consider the costs each parent incurs for the child's care during their time.

A parent with the child 50% of the time does not automatically pay zero support. Instead, the court recalculates using a formula that factors in both parents' income and the shared custody arrangement. The parent with higher income typically still pays support, but the amount is lower than it would be if custody were not shared equally.

How support changes when income changes

Child support can be modified if there is a substantial and continuing change in either parent's income or circumstances. A job loss, a significant raise, a change in custody time, or a major change in the child's needs can all be grounds for modification. The parent seeking the change must file a petition with the court and provide evidence of the change.

The court will not modify support based on a temporary income change — such as a few months without work — but will consider changes that appear likely to last. A parent who loses a job and finds new work at lower pay may have support reduced, but only if the lower income is expected to continue. Similarly, a parent whose income increases significantly may have support increased.

Support continues until the child turns 21, graduates from high school (whichever is later), or in some cases longer if the child is still in school. If circumstances change before that date, either parent can request modification at any time.

Frequently Asked Questions

What if one parent has no income or is on benefits?

A parent with no reported income is typically assigned a minimum support obligation based on the state's minimum wage or a floor amount set by regulation. In 2024, this is generally around $25 per week, though the exact amount may vary. If a parent is receiving means-tested benefits like SSI or TANF, those benefits are not counted as income, but the court may still impute income if the parent is capable of working.

Does child support change if I get remarried or have another child?

Remarriage itself does not change support, and a new spouse's income is not counted. However, if you have another biological or legally adopted child, you can request modification because your support obligation to that new child reduces your available income for the existing support order. The court will recalculate based on your income divided among all children you support.

What if the paying parent is self-employed or has irregular income?

Self-employed parents must provide tax returns, business records, and sometimes profit-and-loss statements to prove income. If income fluctuates significantly, the court may average income over several years or use the most recent year's return. If records are missing or inconsistent, the court may estimate income based on available evidence or order the parent to provide documentation.

Can the court order support above the formula if income is below the cap?

Yes. Even if combined income is below $163,000, the court can order support above the formula percentage if it finds the formula amount would be unjust or inappropriate. For example, if a child has significant medical needs or attends private school, the court might order additional support to cover those costs, even though the parents' income is modest.

How often can support be modified?

Either parent can request modification at any time if there has been a substantial and continuing change in circumstances. However, if support was set by agreement and less than three years have passed, the requesting parent must show a change of 10% or more in either parent's income. After three years, any substantial change may justify modification.