Your Family Matters

Child support considerations in New York

| May 18, 2021 | Firm News

New York requires parents to provide financial support for their children after divorce. The state calculates child support payment using a specific formula.

Reviewing the details about how New York handles child support can help you prepare if you face divorce and have children with your spouse.

Child support calculations

New York’s annual child support standards chart provides guidelines for payments to be made by the parent who does not have primary physical custody. The state bases these numbers on the number of minor children in your family along with the income you and your spouse earn. Generally, the noncustodial parent pays:

  • 17% of his or her income for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • At least 35% for five or more children

For families earning more than $154,000 in combined income, the judge can divert from these numbers.

The child support process

During your divorce, you can make an agreement about child support with your spouse outside of court. You can also ask the court for a determination based on the New York child support standards. The judge will also consider costs to raise the children such as child care, medical expenses, health insurance premiums and education expenses.

Child support modifications

If your financial circumstances change, you can ask the court that issued the child support order for a modification. Examples of changes in circumstances include a job loss, income increase or new family member for either parent.

Without a modification, the original child support order remains legally binding and both parents must abide by its terms.