Raising a child involves many financial responsibilities, and in New York, both parents are required by law to share in the cost of their child’s upbringing. Whether the parents are divorced, legally separated, or were never married, child support ensures that a child’s needs are met regardless of the parents’ relationship status.
What Is Child Support?
Child support is a legal obligation for parents to provide financial assistance for their child’s living expenses. In New York, the custodial parent, the parent who has the child living with them most of the time, usually receives child support. The non-custodial parent, the parent who has the child less than 50% of the time, pays support.
The purpose of child support is to ensure that children have the same financial support they would have received if their parents were together. The payments cover basic expenses such as:
- Food and groceries
- Clothing and shoes
- Housing costs (rent, mortgage, utilities)
- Education supplies and school-related costs
- Everyday living expenses
In many cases, parents must also contribute to additional expenses, such as:
- Health insurance premiums
- Medical bills not covered by insurance
- Child care or daycare costs, if the custodial parent works or attends school
- Educational costs, including tutoring or private school (if appropriate)
- Extracurricular activities, depending on the family’s circumstances
How Is Child Support Calculated in New York?
New York uses a legal formula set by the Child Support Standards Act (CSSA). This formula ensures fairness and consistency across all child support cases in the state.
Basic Formula
The basic child support obligation is calculated by taking both parents' combined gross income and applying a fixed percentage based on the number of children:
Number of Children | Percentage of Combined Parental Income |
1 | 17% |
2 | 25% |
3 | 29% |
4 | 31% |
5 or more | No less than 35% |
What Counts as Income?
“Income” is not just a person’s paycheck. For child support purposes, income includes:
- Wages or salary
- Bonuses and commissions
- Unemployment benefits
- Workers’ compensation payments
- Disability benefits
- Social Security benefits
- Pension and retirement benefits
- Rental income
- Investment income
- Business or self-employment income
- Cash assistance or financial help from family or friends (in some cases)
Both parents must provide tax returns, pay stubs, and financial documents to the court.
Deductions from Income
New York law allows certain deductions before calculating child support, including:
- Federal Insurance Contributions Act (FICA) taxes (Social Security and Medicare)
- New York City or Yonkers local income tax
- Child support payments for other children (if court-ordered)
- Alimony or post-divorce maintenance payments to a former spouse
- Public assistance benefits
- Some unreimbursed business expenses (in certain cases)
How Are Payments Divided Between Parents?
After the court calculates the total child support amount, each parent is responsible for a share based on their proportion of combined parental income.
For example, if one parent earns 70% of the total combined income, that parent will be responsible for 70% of the child support amount. Usually, the non-custodial parent pays their share directly to the custodial parent.
What About High-Income Families?
For combined parental incomes above $183,000 (as of 2025), the court may choose to:
- Apply the same percentage to all income, or
- Apply the percentage only to the first $183,000 and decide how to handle the excess income based on the child’s needs and the family’s lifestyle.
How Do Child Care and Medical Expenses Work?
In addition to the basic child support obligation, parents may be ordered to share the costs of:
- Health insurance premiums for the child
- Uninsured medical expenses, such as co-pays, prescriptions, or dental care
- Child care or daycare needed so the custodial parent can work or attend school
- Education-related expenses (private school, tutoring, etc.), if the court believes it is in the child’s best interest
These extra expenses are usually divided between the parents in the same way as basic child support by income percentage.
What If Parents Cannot Agree?
If parents cannot reach an agreement on child support, the court will decide based on the Child Support Standards Act (CSSA) formula. However, parents may also create their own agreement, as long as it:
- States the correct guideline amount
- Explains why they chose to pay more or less
- Is approved by the court
The court will not accept an agreement if it believes the arrangement is unfair to the child or does not meet the child’s needs.
How to File for Child Support
A child support case usually starts in Family Court. Either parent can file a petition for child support. You will need to bring:
- Recent tax returns
- Pay stubs or proof of income
- A list of child-related expenses (food, clothing, housing, medical, education, etc.)
If the child is receiving public assistance, the Department of Social Services may file the case to recover costs.
Parents who were never married may also file for child support but may first need to establish paternity through a DNA test.
What Happens If Child Support Is Not Paid?
Failing to pay child support in New York can lead to serious legal penalties, including:
- Wage garnishment (money taken directly from the paycheck)
- Bank account seizure
- Suspension of a driver’s license or professional license
- Denial of a passport
- Tax refund interception
- Contempt of court charges, which may result in jail time (up to six months)
Even if the child turns 21, the parent is still legally responsible for paying any past-due child support (arrears).
Can Child Support Be Modified?
Yes. Either parent can ask the court to modify the child support order if:
- Three years have passed since the last order
- A parent’s income has changed by 15% or more
- There is a substantial change in circumstances, such as job loss or a medical emergency
Until the court officially approves the modification, the current order remains active. Arrears will continue to accumulate if payments are not made.
When Does Child Support End?
In New York, child support usually ends when the child turns 21 years old, unless:
- The child is married
- The child joins the military
- The child becomes financially independent (emancipation)
Even after the obligation ends, any unpaid balance must still be paid.
Need Help?
If you need help with a New York child support case, consider contacting a family law attorney or your local child support office. You can also call the New York State Child Support Helpline at 888-208-4485.