How Child Support Is Calculated in New York
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One of the most common questions I get as New York Divorce and Family Law attorney is “How is child support calculated in New York?” It is an important question and the answer will have a major impact on your life moving forward.
In this insightful post, we break down the intricate process of calculating child support in New York. If you're navigating the complexities of family law or are simply curious about how child support obligations are determined, you're in the right place!
How Child Support Is Calculated in NY
Step 1. Determine Combined Parental Income:
Example: Jane has a gross income of $100,000 and John has a gross income of $75,000. Their combined parental income is $175,000. John is the custodial parent. The current child support cap in New York is $163,000. So the statutory child support will be based off of a combined parental income of $163,00 since their combined income exceeds the cap.
Step 2. Locate the Percentage of Combined Parental Income:
The New York State Child Support Standards Act (CSSA) provides a percentage of the combined parental income that should be allocated to child support. The percentage varies based on the number of children:
17% for one child
25% for two children
29% for three children
31% for four children
35% for five or more children
For our example, Jane and John have two children so the Basic child support obligation will be 25% of the capped combined parental income of $63,000 which totals $15,750.
Step 3. Allocate Support:
Each parent's share of the basic child support obligation is determined based on their proportion of the combined income.
In our example, Jane has 57% of the parental income, and John has 43%. Since John is the custodial parent, Jane has to pay her share of the child support obligation which is 57% of $15,750. So that would make her payments $1,312.50 per month.
Step 4. Add-On Expenses:
In addition to the basic child support obligation, parents may be required to contribute to "add-on" expenses. These can include medical and educational expenses not covered by insurance, child care costs necessary for employment, and other reasonable child-rearing expenses. These will be a separate amount in addition to the basic child support obligation.
For example, the children have a sitter after school for $500 a week. Jane would be responsible for 57% of that expense and John 43%.
It's important to note that child support calculations can be complex, and there may be additional considerations based on individual circumstances. For specific and up-to-date information, consulting with a family law attorney in New York who can provide advice tailored to your situation and the latest legal requirements is highly recommended. Joleena Louis Law can help!
