Support in New York

How New York Calculates Child Support

New York uses an income shares model governed by the Child Support Standards Act (CSSA), codified in Domestic Relations Law Section 240. The CSSA provides a formulaic approach that combines both parents’ incomes and applies a statutory percentage based on the number of children.

The calculation follows these steps:

1. Determine each parent’s gross income. This includes wages, salary, commissions, overtime, bonuses, investment income, rental income, workers’ compensation, disability benefits, unemployment insurance, Social Security, pensions, and virtually all other recurring income sources.
2. Subtract FICA taxes (Social Security and Medicare) and New York City or Yonkers income taxes (if applicable) to arrive at each parent’s adjusted gross income.
3. Combine the parents’ adjusted incomes up to the statutory income cap.
4. Apply the CSSA percentages to the combined parental income:
   • 1 child: 17%
   • 2 children: 25%
   • 3 children: 29%
   • 4 children: 31%
   • 5 or more children: 35%
5. Prorate the obligation between the parents based on each parent’s share of the combined income.

The noncustodial parent’s prorated share is the presumptive child support order.

For more on how different states handle these calculations, see our guide on how child support is calculated.

The Income Cap

New York applies the CSSA percentages to combined parental income up to a statutory cap, which is adjusted periodically. As of recent years, this cap is approximately $163,000 in combined parental income. For income above the cap, the court has discretion to apply the same percentages, a different formula, or no additional amount — depending on factors such as the child’s needs, the standard of living the child would have enjoyed had the household remained intact, and each parent’s financial resources.

Courts frequently do apply the CSSA percentages to income above the cap, particularly in cases where the combined income is not dramatically above the threshold.

You can estimate a preliminary figure using our child support calculator.

Additional Expenses Beyond Basic Support

In addition to the basic child support obligation, the CSSA requires the parents to share certain add-on expenses proportionally. These include:

• Child care costs that allow the custodial parent to work, seek employment, or attend school or vocational training
• Health insurance premiums for the child, which the court will typically order the parent with access to more affordable coverage to maintain
• Unreimbursed medical expenses exceeding $250 per year, split in proportion to each parent’s income
• Educational expenses, which the court may order in its discretion, particularly for private school if the child was already enrolled during the marriage

Modifying Child Support in New York

A child support order can be modified upon a showing of a substantial change in circumstances. New York law also allows modification if either parent’s income has changed by 15% or more since the order was entered, or if three years have passed since the order was issued or last modified.

Modification applies only going forward. Arrears that accrued before the date a modification petition was filed cannot be reduced retroactively, regardless of the reason.

Child support in New York generally continues until the child turns 21, which is notably later than the age 18 cutoff in most other states. Support may end earlier if the child becomes emancipated, marries, enters military service, or becomes self-supporting.

Enforcement of Child Support Orders

New York’s Support Collection Unit (SCU) and the Department of Social Services enforce child support orders through various mechanisms:

• Automatic income withholding from wages
• Interception of tax refunds
• Suspension of driver’s, professional, and business licenses
• Seizure of bank accounts and financial assets
• Credit bureau reporting
• Contempt proceedings, which can result in up to six months of incarceration
• Denial or revocation of passports for arrears exceeding $2,500

Maintenance (Alimony) in New York

New York refers to alimony as maintenance and distinguishes between temporary maintenance (awarded during divorce proceedings) and post-divorce maintenance (awarded as part of the final judgment). Both are calculated using statutory formulas, though the court retains discretion to deviate based on enumerated factors.

Temporary Maintenance

The temporary maintenance formula, found in Domestic Relations Law Section 236 Part B, calculates two amounts and awards the lower of the two:

• 30% of the payor’s income minus 20% of the payee’s income
• 40% of combined income minus the payee’s income

The result cannot reduce the payor’s income below the self-support reserve (currently tied to the federal poverty level). Temporary maintenance is in effect only during the pendency of the divorce.

Post-Divorce Maintenance

Post-divorce maintenance uses a similar but slightly different formula. Courts consider the same cap used in the CSSA and apply the formula to income up to that cap. For income above the cap, the court exercises discretion.

Duration of Post-Divorce Maintenance

New York provides advisory durational guidelines based on the length of the marriage:

• Marriage of 0-15 years: Maintenance lasts 15-30% of the marriage length
• Marriage of 15-20 years: Maintenance lasts 30-40% of the marriage length
• Marriage of 20+ years: Maintenance lasts 35-50% of the marriage length

These are guidelines, not rigid rules. The court may deviate based on factors including the age and health of both parties, the present and future earning capacity of each party, the need of one party to incur education or training expenses, the existence and duration of a pre-marital joint household, acts that inhibited the payee’s earning capacity (such as domestic violence), the wasteful dissipation of marital property, and any other factor the court expressly finds to be just and proper.

Termination of Maintenance

Post-divorce maintenance automatically terminates upon the death of either party, the remarriage of the recipient, or by the terms specified in the court order. Cohabitation by the recipient may also be grounds for modification or termination, but it does not trigger automatic termination — the payor must file a petition and demonstrate that the cohabitation constitutes a de facto marriage or substantially reduces the recipient’s financial need.

When to Seek Legal Guidance

New York’s formulaic approach to child support and maintenance provides some predictability, but the court’s discretion above the income cap and the many factors influencing duration and amount can create significant variability. If your situation involves income above the CSSA cap, self-employment, complex assets, or disputed custody arrangements, professional guidance can help you understand your likely obligations or entitlements. Consider scheduling a free consultation to evaluate your options.

Statutes referenced: New York Domestic Relations Law Section 240 (child support — CSSA), Section 236 Part B (maintenance).