Calculating Child Support in New York: A Step-by-Step Guide

Navigating the financial aspects of child custody during a divorce or separation can be overwhelming, particularly when it comes to child support. In New York, both parents are legally obligated to contribute financially to the care and well-being of their children, whether or not they are the custodial parent. The amount of child support is typically determined through a series of calculations based on income and certain expenses, following the guidelines established by the Child Support Standards Act (CSSA).

Understanding how child support is calculated is crucial for both parents. A well-calculated child support order ensures that children receive the financial support they need while also being fair to both parents. Knowing how these calculations work can help you plan for your financial responsibilities and make informed decisions during negotiations.

Child Support in New York

In New York, both parents share the legal responsibility to financially support their children, regardless of whether they are the custodial or non-custodial parent. This obligation ensures that children continue to receive the care and resources they need even after a separation or divorce. Child support is not only a legal requirement but also a means to maintain a child's well-being and standard of living in a way that reflects both parents' financial contributions.

Purpose of Child Support

The primary purpose of child support is to cover the basic needs of the child. This includes expenses for essential items such as:

• Food: Regular meals and groceries that meet the child's nutritional needs.
• Clothing: Everyday clothing, footwear, and seasonal items to ensure the child is appropriately dressed.
• Education: School-related expenses, which may include tuition, school supplies, extracurricular activities, and in some cases, daycare or childcare services if both parents are working.

Child support aims to provide financial stability for the child, ensuring that they have access to basic necessities and opportunities for growth, regardless of the changes in their parents' living situation.

The Child Support Standards Act (CSSA)

Child support in New York is governed by the Child Support Standards Act (CSSA), which provides a clear framework for calculating the amount of support a parent must provide. The CSSA establishes specific guidelines based on both parents' combined income and the number of children involved. These guidelines ensure that child support calculations are consistent and fair across the state, with a focus on meeting the child's financial needs.

Under the CSSA, child support is calculated using a set percentage of the parents' combined income, with adjustments made based on factors such as healthcare costs, childcare expenses, and any special needs the child may have. The CSSA helps provide a standardized approach, but individual circumstances can still influence the final amount, especially if a court determines that the standard calculation doesn’t fully meet the child’s needs.

Step-by-Step Process for Calculating Child Support in New York

Step 1: Determine the Parents' Gross Income

The first step in calculating child support is to determine the gross income of both parents. Gross income includes earnings from all sources, such as:

• Wages or salary from employment
• Bonuses and commissions
• Overtime pay
• Business or investment income
• Unemployment benefits
• Disability payments
• Pensions
• Workers' compensation benefits
• Social Security benefits

The court considers income from every possible source to get a comprehensive picture of each parent’s financial situation. Certain deductions are allowed from gross income before determining the final child support obligation, including:

• Social Security taxes
• Medicare taxes
• New York City or Yonkers income tax
• Child support already paid for other children from previous relationships

Once these deductions are made, the adjusted gross income is used for further calculations.

Step 2: Calculate the Combined Parental Income

Next, both parents’ adjusted gross incomes are combined to create a total parental income figure. This figure serves as the basis for calculating the overall child support obligation.

For example, if Parent A earns $60,000 annually and Parent B earns $40,000, the combined parental income is:

$60,000 + $40,000 = $100,000

This combined income is then used to determine how much of it will be allocated toward child support based on the number of children involved.

Step 3: Apply the Child Support Percentage

The CSSA sets specific percentages of the combined parental income that should be allocated to child support. These percentages are based on the number of children the parents are responsible for:

• 1 child: 17% of combined parental income
• 2 children: 25%
• 3 children: 29%
• 4 children: 31%
• 5 or more children: at least 35%

For example, using the combined parental income of $100,000:

• For 1 child, child support is calculated as 17% of $100,000, which equals $17,000 per year.
• For 2 children, child support is 25% of $100,000, which equals $25,000 per year.
• For 3 children, child support is 29% of $100,000, which equals $29,000 per year.

Example Calculations:

• Parent A and Parent B have one child and a combined income of $100,000. The support obligation would be 17% of $100,000, or $17,000 per year.
• If they have two children, the child support obligation would be 25% of $100,000, or $25,000 per year.
• If they have three children, the obligation would be 29% of $100,000, or $29,000 per year.

The child support obligation is divided between the parents based on their income proportions. In this case, if Parent A earns 60% of the combined income and Parent B earns 40%, they will contribute to the child support obligation in that ratio.

Step 4: Divide the Responsibility Based on Each Parent’s Income

Once the total child support obligation is calculated using the combined parental income and the applicable percentage, the next step is to divide the responsibility based on each parent's share of the total income. This division ensures that both parents contribute fairly in proportion to their earnings.

Each parent’s share of the combined income determines the proportion of the child support they will be responsible for. The custodial parent (the parent with whom the child primarily lives) is typically assumed to be contributing directly to the child's expenses by providing housing, food, and day-to-day care. The non-custodial parent is responsible for paying their share of the child support directly to the custodial parent.

Example:

Let’s revisit the previous example where Parent A earns $60,000, and Parent B earns $40,000, resulting in a combined income of $100,000.

• Parent A earns 60% of the total income, and Parent B earns 40%.
• If the total child support obligation for one child is $17,000 (17% of $100,000), Parent A will be responsible for 60% of the $17,000, which equals $10,200 per year. Parent B will be responsible for 40%, or $6,800 per year.

In this case, Parent B, the non-custodial parent, would pay $6,800 in child support to Parent A, the custodial parent.

Step 5: Add Additional Expenses

Beyond the basic child support obligation, additional expenses related to the child's well-being may also be included in the calculation. These expenses are essential for covering costs that directly affect the child’s health, education, and care, and they are typically divided between the parents in proportion to their incomes.

Common additional expenses include:

• Health Insurance Premiums: If one parent provides health insurance for the child, the cost of the premiums can be factored into the child support order. These premiums are divided between the parents according to their income shares.
• Childcare Costs: For working parents, childcare expenses such as daycare or after-school programs may be included in the child support order. These costs are also shared based on each parent’s income proportion.
• Educational Expenses: If the child attends private school or has other education-related costs (such as tutoring or special programs), these expenses may be added to the child support obligation. Parents would again share these costs in proportion to their income.

Example:

If Parent A earns 60% of the combined income and Parent B earns 40%, the additional expenses for health insurance, childcare, and educational costs would be divided in the same proportion:

• If health insurance premiums total $2,000 per year, Parent A would pay $1,200 (60%) and Parent B would pay $800 (40%).
• If childcare expenses total $6,000 per year, Parent A would pay $3,600, and Parent B would pay $2,400.

Step 6: Apply the Cap on Income (When Applicable)

New York applies an income cap when calculating child support, which is set at $163,000 as of 2023. This means that the standard percentages for child support (17% for one child, 25% for two children, etc.) are applied to the combined parental income up to this cap. If the combined parental income exceeds $163,000, child support is still calculated, but any income above the cap is handled differently.

For income over $163,000, the court has discretion to either:

1. Apply the same percentages to the income above the cap, or
2. Adjust the calculation based on the specific needs of the child and the parents' financial circumstances.

The court may consider factors such as:

• The child's standard of living before the parents' separation
• The parents' financial resources and obligations
• Any extraordinary needs the child may have (e.g., medical or educational needs)

Example:

If Parent A and Parent B have a combined income of $200,000, the child support percentage would first be applied to the income up to $163,000. For one child, this would be 17% of $163,000, which equals $27,710.

For the additional $37,000 above the cap, the court may apply the same 17% percentage, or it may adjust the obligation based on the child's needs. For instance, 17% of the extra $37,000 would be $6,290, bringing the total child support obligation to $34,000.

Hartin Family Law

If you’re facing questions about child support or other family law matters, Hartin Family Law is here to help. We offer personalized legal guidance to ensure that your child support calculations are fair and accurate. Whether you need assistance establishing, modifying, or enforcing a child support order, our team is ready to advocate for your family's best interests.

Contact us today for a free consultation to discuss your case and explore your options. Call (516) 666-0539 or email us at Info@HartinFamilyLaw.com to get started. Let Hartin Family Law provide the support you need to navigate your child support case with confidence and clarity.