How Child Support Is Calculated in New York
The child support guideline model New York uses, what income counts, and the official calculator.
Short answer: New York's guidelines (the Child Support Standards Act) are based on both parents' combined income. Combined parental income, up to a statutory cap, is multiplied by a percentage: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. N.Y. Domestic Relations Law § 240(1-b)
| Child support | New York's guidelines (the Child Support Standards Act) are based on both parents' combined income. Combined parental income, up to a statutory cap, is multiplied by a percentage: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Each parent pays a share in proportion to his or her income. Income above the cap is addressed through the statutory factors or the percentage. |
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| When child support ends | Parents must support a child until age 21. Child support under New York's guidelines is for an unemancipated child under 21. |
| Changing a child support order | A court can change a child support order on a showing of a substantial change in circumstances. Unless the parents opted out in a valid written agreement, the court can also modify the order if three years have passed since it was entered or last changed, or if either parent's gross income has changed by 15% or more. A drop in income counts only if it was involuntary and the parent has tried to find comparable work. Modification starts with a petition; past-due support (arrears) cannot be reduced. |
| If child support isn't paid | If a parent does not obey a support order, the court must enter a money judgment for the unpaid amount and can order income deduction, require a bond (undertaking), order sequestration of property, and suspend the parent's driving privileges and state professional, business or recreational licenses. Driving privileges can be suspended once unpaid support equals at least four months of payments. |
| State child support agency | Child support in New York is handled by Child Support Services, part of the New York State Office of Temporary and Disability Assistance (OTDA), working through local district (county) offices. Parents can enroll for child support services, make payments, establish parentage, and view case information through an Online Account; forms and local district office listings are on the same site. |
More New York divorce & family law
- Getting a Marriage License in New York
- Adopting a Child in New York
- Guardianship of a Child or Adult in New York
- Establishing Paternity in New York
- Changing Your Name in New York
- Child Custody Laws in New York
- Divorce Records in New York
- Alimony and Spousal Support in New York
- How to File for Divorce in New York
- Legal Separation and Annulment in New York
- All New York divorce & family law rules
FAQ
How is child support calculated in New York?
New York's guidelines (the Child Support Standards Act) are based on both parents' combined income. Combined parental income, up to a statutory cap, is multiplied by a percentage: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Each parent pays a share in proportion to his or her income. Income above the cap is addressed through the statutory factors or the percentage.
At what age does child support end in New York?
Parents must support a child until age 21. Child support under New York's guidelines is for an unemancipated child under 21.
How do you modify child support in New York?
A court can change a child support order on a showing of a substantial change in circumstances. Unless the parents opted out in a valid written agreement, the court can also modify the order if three years have passed since it was entered or last changed, or if either parent's gross income has changed by 15% or more. A drop in income counts only if it was involuntary and the parent has tried to find comparable work. Modification starts with a petition; past-due support (arrears) cannot be reduced.
What happens if you don't pay child support in New York?
If a parent does not obey a support order, the court must enter a money judgment for the unpaid amount and can order income deduction, require a bond (undertaking), order sequestration of property, and suspend the parent's driving privileges and state professional, business or recreational licenses. Driving privileges can be suspended once unpaid support equals at least four months of payments.
Who handles child support in New York, and how do I contact them?
Child support in New York is handled by Child Support Services, part of the New York State Office of Temporary and Disability Assistance (OTDA), working through local district (county) offices. Parents can enroll for child support services, make payments, establish parentage, and view case information through an Online Account; forms and local district office listings are on the same site.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.