Child Support

How Child Support is Calculated in New York

By J. Douglas Barics
Suffolk County Divorce Lawyer

Child support is available as an ancillary issue in any matrimonial action or as an independent proceeding in Family Court. Child support is based applying a percentage of income without requiring the court to determine the needs of the child. The New York Child Support Standards Chart is available from New York State to assist people in determining the approximate amount of annual child support.

Child Support Guidelines

The child support guidelines are found in the Child Support Standards Act, which is DRL 240(1-b) and FCA 413. It mandates a three step process in calculating all child support orders.

Determine the combined adjusted gross income of both parents
Apply the statutory percentages set forth in the CSSA
Pro rate each parent's income to determine their share of the combined award.

If a deviation of child support is warranted, it must be done only after a guideline award is determined and a reason must be provided why a guideline award is not being applied.

Calculating the Adjusted Gross Income for Child Support

Adjusted gross income is the income that was reported or should have been reported on the most recent tax returns. In addition, the CSSA authorizes the court to include additional income to be added to the adjusted gross income if warranted. Additional income includes non income producing assets, fringe benefits, and assistance from friends and family. Spousal support or maintenance is added to the recipient as adjusted gross income.

When appropriate, the court may disregard a party's stated income and impute income based on their earning capacity.

Deductions from Income

From the adjusted gross income, there are mandatory deductions which include the payment of maintenance or child support pursuant to a court order, unreimbursed employment expenses, FICA taxes, NYC or Yonkers taxes, and Supplemental Security Income.

After subtracting the deductions from the adjusted gross income, the balance is the adjusted gross income.

Both parent's adjusted gross income are combined together.

Apply the CSSA Guideline Amount to the Combined Parental Income

The statutory percentages are applied to the combined income in two steps. The first is to apply them to the current statutory cap of combined income, which as of March 1, 2024 is $183,000.

17 % for one child
25% for two children
29% for three children
31% for four children
35% for five children

Pro Rate Each Parent's Income to Determine their Share of the Combined Award

Determine each parent's share of the combined income and apply that percentage to the CSSA combined award amount. The result is each parent's share of child support up to the first $183,000 statutory cap of combined income.

Determine Each Parent's Share of Child Support for Income over the Statutory Cap of $183,000

Determine by what amount, if any, income to use for combined income over the statutory cap. For that amount, repeat the same steps for the income over $183,000.

Health Insurance

The parent who is providing health insurance is entitled to an offset for the premiums. The cost is allocated in a pro rata share based on incomes, either an increase if it is the custodial parent or a decrease if it is maintained by the non custodial parent.

Child Support Add-Ons

There are two mandatory add-ons to a basic support award. Out of pocket medical expenses and reasonable day care if the custodial parent is working or taking classes that will lead to work. Both are a percentage to be paid by each parent based on their pro rata share of combined income.

Call for a Free Phone Consultation or to Schedule a Low Cost Office Consultation

If you have have additional questions, contact our office to learn about your legal options for protecting your rights in any child support situation. To get your free phone consultation or to make an appointment, call (631) 864-2600. Serving clients in Suffolk, Nassau, Queens, Manhattan, Bronx, Westchester. Rockland, Orange and other surrounding counties are accepted on a case by case basis.

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For a free phone case consultation or to schedule an office meeting, call 631-864-2600.

Overview

Matrimonial actions are defined by statute; the most common being divorce, annulment, and a declaration of a void marriage. For every matrimonial action all ancillary relief is available.

Divorce

Divorce is the most common matrimonial action. Grounds are no longer the primary focus, the emphasis is resolving the financial matters and custody.

Annulments

An annulment is a matrimonial action seeking to declare a valid marriage void. All ancillary relief is available. All annulment grounds are fault based, and require a higher level of proof to establish.

Void Marriages

Void marriages are those which are void from inception. An action requesting a declaratory judgment is a matrimonial action and all ancillary relief is available.

Matrimonial Appeals

Matrimonial appeals requires a combination of matrimonial law and appellate law. A lack of understanding of either can prove fatal in an appeal.

Equitable Distribution

Equitable distribution authorizes the matrimonial court to award all marital property to either spouse, without regard to title.

Maintenance

Maintenance is the support payments from one spouse to another. Since 2016 the amount is determined by a formula.

Child Support

Parents have an obligation to support their children, and the parent with residential custody will be awarded child support. The amount of support is determined by a formula.

Custody

When parents cannot decide where their children shall live and how to make decisions involving them, the court will decide custody based on the bests interests of the child.

Counsel Fees

Awards of counsel fees to the non monied spouse is available in all matrimonial actions. Awards can be made during the case and at the conclusion.

Expert Fees

Awards of expert fees to the non monied spouse is available in all matrimonial actions.

Exclusive Occupancy

The court is authorized to award exclusive occupancy to one party, giving them exclusive use and possession of a home for a set period of time during or after a matrimonial action.

Pendente Lite Motions

Pendente lite motions used when a spouse in a matrimonial action needs needs immediate court assistance on something that cannot wait until trial or a final settlement.

Same Sex Divorce

Same sex divorces present unique issues such as when the couple got married before it was recognized by law, or when couples used work arounds for their marital property.

Modification of Child Support

Child support may be modified based on a change of income, a change of circumstances, or if three years have passed since the last modification. COLA adjustments to child support orders can also be obtained.

Modification of Maintenance

Maintenance is subject to modification or early termination but the circumstances when these can occur are less common than in the past.

High Net Worth Divorce

High net worth divorces often involve non typical financial holdings that require special care in determining their disposition.

Marital Agreements

Marital agreements are contractual agreements between future, existing, or prior spouses who decide to resolve their own issues instead of letting a court decide for them.

Complex Challenges

Complex challenges in matrimonial actions can range from complex financial issues, inter-state or international issues, or procedural issues which deprived one spouse from their day in court.