Child Support

What are the Child Support Guidelines in New York?

The Child Support payable in New York State can be very complicated to calculate, and is usually paid by the non-custodial parent to the custodial parent for the support of the children.

The amount payable is governed by the Child Support Standards Act (CSSA) of the State of New York. The CSSA takes into account the gross incomes of both parents, and the appropriate deductions for the Federal Insurance Contributions Act (FICA). The CSSA contemplates the first eighty-thousand dollars of combined parental income. Income is based on the most recent income tax return. There are also other deductions besides FICA that include the New York City Tax and Yonkers Tax.

The non-custodial parent's annual "basic child support obligation" is generally calculated by multiplying the non-custodial parent's "percentage of combined gross income", by the combined gross incomes of the parents, less: the non-cusodial parent's annual payment to FICA (usually .0765 of gross income), multiplied by the appropriate "child support percentage".

A parent's "percentage of combined gross income" = the parent's gross income divided by the combined gross incomes of both parents.

The "child support percentage" is fixed as follows:

a) 17% for one child
b) 25% for two children
c) 29% for three children
d) 31% for four children, and
e) no less than 35% for five or more children.

Once you get the figure for the annual payment, divide by 12 for a monthly payment, divide by 26 for a bi-weekly payment, or divide by 52 for a weekly payment.

by: Uncontested Divorce NY

When does Support End?

Child support stops when a child reaches the age of 21 or is earlier emancipated. The parents may agree to support their children beyond the age of 21, for example, until the children graduate from college.

What Other Support is Often Paid?

In addition to the payment of the "basic child support" obligation, typically the agreement provides that one parent will be responsible for providing healthcare insurance for the children so long as it is available through his or her employment.

Usually each parent will also be responsible for paying their pro-rata share of the children's uninsured medical and dental costs.

Often the parent's also agree to pay their pro-rata share of the childcare expenses incurred while the custodial parent is working or attending school.

The pro-rata share is equal to the parent's percentage of combined gross income.

Lastly, the non-custodial parent may also agree to purchases a life insurance policy on his or her life, naming the custodial parent or the children as irrevocable beneficiaries, to secure future support payments.

Can the Parties Agree to pay More or Less than the Payment Required by the CSSA?

The parents are free to Opt-Out of the CSSA, however, any agreement must set forth the amount that is supposed to be paid pursuant to the CSSA, and the reasons for deviating from the formula.

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Stephen K. Underwood, Attorney at Law, 1395 Union Road, West Seneca, NY 14224  (716)656-7676