Calculating Child Support in New York

The New York Child Support Standards Act was put into place to help courts fairly determine the financial obligation of parents, for their children.  In order to determine child support in the State of New York, the court may consider the income of both parents, as well as how many children should be supported by both of the parents.  Generally, the court can add the income of the parents, multiplied by the appropriate child support percentage, to determine how much support the child should get.  The child support percentage is determined by how many children the parents have and are subject to the support order.  The percentage of combined income, per child, is as follows:

  • 17{d7ad8d91dcbc6c5f909cae8a9a63c8e9cbd63938c628b2b59a791ba818aca75d} for one child;
  • 25{d7ad8d91dcbc6c5f909cae8a9a63c8e9cbd63938c628b2b59a791ba818aca75d} for two children;
  • 29{d7ad8d91dcbc6c5f909cae8a9a63c8e9cbd63938c628b2b59a791ba818aca75d} for three children
  • 31{d7ad8d91dcbc6c5f909cae8a9a63c8e9cbd63938c628b2b59a791ba818aca75d} for four children; and
  • No less than 35{d7ad8d91dcbc6c5f909cae8a9a63c8e9cbd63938c628b2b59a791ba818aca75d} for five or more children.

However, the child support calculation may not be based solely off of these numbers.  There are other factors that may dictate a parent’s support obligation.  When determining the support obligation, the court may consider physical custody of the child, as well as education of the parents, each parent’s earning capacity, or even financial needs of the parents (i.e. debt) .  The court may even examine some other needs of the child such as medical costs, education costs, or child care costs.

When Can Child Support Terminate in New York?

A child support order may expire when the child turns 21, but this is not always the case.  Someone who is required to pay child support may be obligated to support a child through college.  Conversely, a child support order may terminate before the age of 21 under certain circumstances.  You may be able to ask the court to revisit or revise your order if the child is: beyond 16 years of age, emancipated from both parents, financially supporting themselves, married, or entered into military service.

If you need help with child support in New York, contact an experienced family law attorney to help you.

Contact The Penichet Firm today and we will be happy to assist you in all of your family or criminal law matters.