Child Support in New York

A common panic moment for parents is – “how much child support am I going to have to pay?” or “how much child support am I going to get?” But if you consult the New York Child Support Laws for answers, all you will get is a big headache and more questions.

Shortcut Formula to Estimate Child Support Payment Amount

Take the gross income of the parent who will be paying Subtract FICA (social security and medicare taxes) Subtract City Taxes (if any – ie – new york city, yonkers). This then equals Net Income for Child Support Purposes of the parent paying then Multiply by 17% if there is one child, 25% if there are two children, 29% if there are three children, or 31% if there are four.
This equals the amount of child support to be paid.Of course there are exceptions to the rule.  For instance, it can become complicated when one cannot easily determine what the gross income of the parent who is paying.

Also, technically the law in New York State only requires child support to be set on the first $130,000 of combined parental income, but unless the joint income is very high, it will typically not change on the combined parental income over that amount – meaning the formula will be applied to any income over the $130,000 as well.

Are There Additional Payments?

The above initial calculation is to cover “basics” – food, clothing and shelter. But there could be “add-ons”. Mandatory “add-ons” include child care and unreimbursed health expenses.  Discretionary “add-ons” include private school, activities and Summer camp.Generally, “add-ons” are paid in proportion to both parent’s joint income contribution.

Can The Amount Paid Change ?

Previously, once child support was set, it was nearly impossible to change.  But since October of 2010, it became quite easy to modify.  Now, if three (3) years have gone by since the last Child Support Order was issued by the Court, then there can be a recalculation.  Also, if the income of either the parenthas changed by at least fifteen (15%) percent since the last Child Support Order was issued by the Court, then there can be a recalculation as well.

What If The Child Doesn’t Need The Money ?

Even if the child is a successful actor, or the custodial parent receiving the child support has tons of money of their own, or the parent paying the support is on Social Security Disability,  the law still requires you to pay child support out of your salary.

* The above are just some broad guidelines to give you a better understanding of the issue of child support and cannot be construed as exacting legal advice.