Child Support Obligation

The following applies to child support cases governed by New York State Law, pursuant to Domestic Relations Law Section 236B(9):

  1. The formula contained in the statute applies certain percentage levels to the combined parental income up to $135,000 per year.  At the discretion of the court, additional support can be ordered (and generally is) based upon incomes in excess of $135,000. Such additional amounts may or may not be based upon the same percentages.
  2. The percentages as set forth in the law for combined parental income of $80,000 or less are:
    • 17% of parental income for one child.
    • 25% of parental income for two children.
    • 29% of parental income for three children.
    • 31% of parental income for four children.
    • 35% of parental income for five or more children.
  3. For child support purposes, income includes
    • Earned income
    • Net investment income
    • Voluntarily deferred income
    • Worker’s compensation
    • Unemployment insurance benefits
    • Social security benefits
    • Veteran’s benefits
    • Pensions and retirement benefits
    • Reimbursements received for business expenses
    • Non-cash benefits such as memberships, meals, autos
    • Imputed income for voluntary reduction in income
  4. Deductions to income:
    • FICA
    • Unreimbursed business expenses
    • Alimony paid pursuant to Court Order
    • Court ordered support to other children of the parent
    • Public assistance
    • SSI
  5. Additional costs which may be ordered in addition to a parent’s child support payments:
    • Life insurance on the life of the parents
    • Medical coverage for the children
    • Contribution to un-reimbursed medical costs
    • Child care expenses
    • Educational expenses
  6. Other factors the court may consider in determining the appropriate level of child support:
    • Financial resources of each parent and of the child
    • Special needs of the child
    • Standard of living
    • Tax consequences to the parties
    • Education needs of the parents
    • Non-monetary contributions by the parents
    • Income disparity between the parties
    • Needs of other children of the parent paying child support
    • Extraordinary visitation expenses

View the Child Support Standards Chart

The above information is a summary and overview of current law.  It is not intended to be all inclusive.  The information you obtain on this site is not intended as a substitute for legal advice.  Relying upon a summary or overview without the benefit of individual advice regarding your particular situation is not advised.  It is recommended that you consult with an attorney.