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How is child support calculated?
Child support in New York is calculated pursuant to the Child Support Standards Act ("CSSA") (Domestic Relations Law §240(1-b) and Family Court Act § 413(1)(b)). Vastly simplified, CSSA provides that unless the court finds that the non-custodial parent's pro rata share of the "basic child support obligation" is unjust or inappropriate after considering ten enumerated factors, it must order the non-custodial parent to pay his or her pro rata share of the "basic child support obligation".
The "basic child support obligation" is calculated by multiplying the "combined parental income" by the appropriate "child support percentage." "Income" is defined as "gross income as was or should have been reported on the most recent federal income tax return" less deductions for social security and New York City and Yonkers income taxes."
The "child support percentage" is fixed at:
a) 17% of the combined parental income for one child; b) 25% of the combined parental income for two children; c) 29% of the combined parental income for three children; d) 31% of the combined parental income for four children; and e) no less than 35% of the combined parental income for five or more children.
In those cases where there are five or more children, the court must exercise its discretion in fixing the amount of the child support percentage.
Updated: 11/11/99
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