Child Support Attorney in Buffalo & Williamsville, NY
New York’s child support formula is specific and exacting. Whether you are seeking support or responding to a petition, getting the calculation right from the start matters enormously.
How Child Support Is Calculated in New York
New York uses the Child Support Standards Act (CSSA), codified at Family Court Act §413, to calculate basic child support. The formula applies a fixed percentage to the combined parental income up to a statutory cap (currently $183,000 as of 2024, adjusted periodically for inflation):
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- 35% for five or more children
The non-custodial parent pays their proportional share of the support amount based on how each parent’s income contributes to the combined total. For example, if the combined income is $100,000 and the non-custodial parent earns 60% of that, they pay 60% of the applicable percentage of combined income.
For combined income above the statutory cap, courts have discretion to apply the CSSA percentage, use a broader needs-based analysis, or combine both approaches.
Add-On Expenses: Beyond the Basic Support Number
In addition to the basic CSSA support obligation, courts also address mandatory add-on expenses that are shared between parents in proportion to their incomes:
- Child care costs — Reasonable childcare expenses incurred so the custodial parent can work, seek work, or attend school. This is mandatory and shared proportionally.
- Health insurance premiums — The cost of maintaining the child on a parent’s health insurance plan.
- Unreimbursed medical expenses — Co-pays, deductibles, orthodontia, therapy, and other out-of-pocket healthcare costs are shared proportionally.
- Educational expenses — Private school tuition, tutoring, and educational programs may be ordered as add-ons in appropriate cases.
- Extracurricular activities — Sometimes ordered as an add-on; depends on the family’s prior lifestyle and the children’s established activities.
How Income Is Defined
Under the CSSA, “income” is broadly defined and includes wages, salary, commissions, bonuses, overtime, self-employment income (net of legitimate business expenses), rental income, investment income, Social Security benefits, workers’ compensation, unemployment benefits, and other regular receipts. Income is not limited to W-2 wages.
When a parent is voluntarily unemployed or underemployed — meaning they are not working at their full earning potential — courts can impute income to them based on their work history, education, and the prevailing wage for their occupation in the local labor market. This provision prevents a parent from artificially suppressing income to reduce support obligations.
Duration, Modification, and Enforcement
Duration: In New York, child support continues until the child turns 21 — unlike most states where support ends at 18. It may end earlier if the child becomes emancipated (joins the military, marries, or becomes fully self-supporting) before age 21.
Modification: A child support order can be modified in three situations: (1) three years have passed since the order was entered or last modified; (2) either party’s gross income has changed by 15% or more; or (3) there has been a substantial change in circumstances affecting the needs of the child or the ability of a party to pay.
Enforcement: Unpaid child support is a serious matter. Enforcement mechanisms include income execution (wage garnishment), seizure of tax refunds, suspension of driver’s licenses and professional licenses, reporting to credit bureaus, and, in extreme cases, contempt of court resulting in incarceration.
Frequently Asked Questions
Can a parent waive child support?
Parents cannot permanently waive child support in New York. Any agreement to waive or reduce support below the CSSA guideline amount must be submitted to the court with a detailed explanation on the record of why the deviation is in the child’s best interest. Courts scrutinize these carefully. A parent who is the custodial parent cannot contractually surrender the child’s right to support.
What if the paying parent is self-employed or works for cash?
Self-employment income must be reported on tax returns, and the CSSA calculation uses gross income reduced by legitimate business expenses. When a self-employed parent underreports income, discovery tools including subpoenas for bank records, business records, and tax returns can often reveal the true income picture. Courts are experienced with this issue and will impute income when the evidence suggests a parent is hiding earnings.
Does child support cover college?
Basic CSSA support continues to age 21, but college expenses are handled separately. Under Domestic Relations Law §240(1-b)(c)(7) and case law, courts have discretion to order both parents to contribute to college expenses based on their financial circumstances and the child’s academic ability. College support obligations are not automatic — they require a separate application to the court.
What happens if the paying parent loses their job?
A job loss does not automatically reduce the support obligation. The paying parent must file a modification petition and demonstrate the involuntary job loss and genuine efforts to find new employment. Support arrears continue to accrue at the original amount until the court enters a modified order — they cannot be retroactively reduced.
How is support affected when custody is shared 50/50?
A 50/50 parenting schedule does not mean no child support. Courts still apply the CSSA formula but may reduce the support obligation to account for the non-custodial parent’s direct expenditures on the child. The adjustment is not automatic and requires the court to consider whether a reduction would appropriately serve the child’s needs given the shared time arrangement.
Estimate Your Child Support Payment
Use our free New York CSSA calculator to get an instant estimate based on both parents' incomes, the number of children, and who has primary residence.
Open the Free Calculator →Estimates are for informational purposes only and do not constitute legal advice.
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