New York uses the Child Support Standards Act (CSSA) which applies fixed percentages to combined parental income up to a statutory cap. Each parent's share is prorated by income. Above the cap, the court has discretion to apply the percentages or consider the child's needs.
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New York calculates child support using the CSSA percentage of combined parental income established under DRL §240(1-b), FCA §413 (Child Support Standards Act). This is a statutory formula that leaves limited room for judicial discretion on the base calculation amount, ensuring consistency and predictability for families across the state.
Basic obligation = applicable percentage (17/25/29/31/35%) x combined parental income (capped at $193,000). Each parent's share = pro rata based on income percentage.
The calculation begins with determining each parent's net disposable income, which includes virtually all sources of income minus taxes, mandatory payroll deductions, and certain hardship deductions. The court then applies the statutory formula using the time each parent has primary physical responsibility for the children and the applicable income allocation brackets.
Beyond the base formula amount, New Yorkrequires additional contributions for mandatory add-on expenses. These typically include childcare costs necessary for the custodial parent's employment or education, uninsured healthcare expenses for the children, and in some cases, educational and travel costs. These add-ons are split between parents in proportion to their respective incomes.
Primary statute: DRL §240(1-b), FCA §413 (Child Support Standards Act)
CSSA percentages: 17% for 1 child, 25% for 2, 29% for 3, 31% for 4, 35% for 5+ children.
Combined parental income cap: $193,000 (effective 3/1/2026). Above cap, court discretion applies.
Income is gross minus FICA and state/city tax (approximated).
Add-ons: childcare, medical insurance, educational expenses (private school and college at court discretion).
Prior support obligations deducted from income.
Combined parental income cap is adjusted periodically — current cap $193,000 effective 3/1/2026.
Non-recurring income (bonuses, overtime) is typically averaged over 2–3 years.
College costs may be ordered at the court's discretion.
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New York uses the CSSA percentage of combined parental income under DRL §240(1-b), FCA §413 (Child Support Standards Act). New York uses the Child Support Standards Act (CSSA) which applies fixed percentages to combined parental income up to a statutory cap. Each parent's share is prorated by income. Above the cap, the court has discretion to apply the percentages or consider the child's needs.
Key factors include both parents' income, the number of children, custodial time share, mandatory add-on expenses (childcare, health insurance), and any applicable deductions. CSSA percentages: 17% for 1 child, 25% for 2, 29% for 3, 31% for 4, 35% for 5+ children.
Yes. Either parent can request a modification if there has been a material change in circumstances, such as a significant change in income, custody arrangements, or the needs of the child. The court will recalculate support using the same statutory formula.
Basic obligation = applicable percentage (17/25/29/31/35%) x combined parental income (capped at $193,000). Each parent's share = pro rata based on income percentage.
Get a personalized child support calculation based on New York's actual statutory formula.
Start My Free New YorkEstimate →This tool provides educational estimates based on New York family law and does not constitute legal advice. Child support calculations are approximations of the statutory formula and may differ from court-ordered amounts. Consult a licensed New York family law attorney before making decisions. Primary statute: DRL §240(1-b), FCA §413 (Child Support Standards Act).