How New York Calculates Child Support
New York uses its own distinctive formula for child support called the Child Support Standards Act (CSSA). The governing law is Family Court Act Section 413 and Domestic Relations Law Section 240. New York's formula differs from the Income Shares model used by most states in two important ways: it applies a fixed percentage directly to the combined parental income rather than using a schedule table, and it does not include an automatic parenting time credit in the base formula.
Understanding how the CSSA works, and what it does not include, is essential to interpreting your New York estimate correctly.
The New York Child Support Formula
New York's CSSA calculation follows five steps.
Step one is determining each parent's gross income. New York defines gross income broadly and typically uses the most recent federal tax return as the starting point, adjusted for current income if employment has changed. Step two is combining both parents' gross income to produce the Combined Parental Income (CPI). Step three is applying the CSSA percentage to the CPI up to the income cap. Step four is calculating each parent's share of the CPI as a percentage. Step five is multiplying the total CSSA obligation by the non-custodial parent's CPI share to determine their monthly payment.
New York's CSSA percentages are applied to the Combined Parental Income:
- 1 child: 17 percent of CPI
- 2 children: 25 percent
- 3 children: 29 percent
- 4 children: 31 percent
- 5 or more children: 35 percent
A practical example: Parent A (non-custodial) earns $5,000 per month. Parent B (custodial) earns $3,000 per month. CPI is $8,000 per month. For one child, 17 percent of $8,000 is $1,360 per month, the total CSSA obligation. Parent A's CPI share is 62.5 percent ($5,000 divided by $8,000). Parent A's monthly obligation is 62.5 percent of $1,360, which is $850 per month.
The CSSA Income Cap
New York's CSSA formula applies the percentage only up to the combined parental income cap. This cap is set by law and updated every two years by the Commissioner of Social Services. As of 2024, the cap was $163,000 in combined annual income. For 2026, the updated cap applies. The calculator reflects the current figure.
When combined parental income exceeds the cap, courts do not automatically apply the CSSA percentage to the portion above that threshold. Instead, the court must make a written determination addressing whether to apply the percentage, a different percentage, or a specific dollar amount for the income above the cap. Courts consider the child's needs, the standard of living both parents and the child would have enjoyed if the household had stayed intact, and the non-custodial parent's financial resources.
For most families with combined income below the cap, the formula applies cleanly. For higher-income families, the above-cap portion requires judicial discretion and often negotiation.
What Counts as Income in New York
New York's income definition under the CSSA is comprehensive. Courts include wages, salaries, overtime, commissions, bonuses, tips, self-employment income, rental income, investment income, pension and retirement distributions, Social Security benefits, SSDI payments, workers' compensation, disability benefits, unemployment compensation, and income from any other source.
New York courts can impute income to a parent who is voluntarily unemployed or underemployed. Courts evaluate recent work history, educational background, and the local job market. A parent who leaves a high-paying position voluntarily can expect the court to calculate support based on their earning capacity.
New York allows certain deductions from gross income before combining incomes: Social Security and Medicare taxes paid, New York City and Yonkers income taxes paid if applicable, and child support and alimony payments made pursuant to prior court orders. These deductions reduce each parent's adjusted gross income before the CPI is calculated.
Step-by-Step: How to Use This Calculator
Step 1. Get your gross income. Use your most recent federal tax return income as the baseline. Adjust upward or downward if your current employment income differs meaningfully from last year's tax return.
Step 2. Subtract applicable deductions. Subtract Social Security taxes paid, Medicare taxes paid, New York City or Yonkers income taxes if applicable, and any existing court-ordered child support or alimony you are currently paying.
Step 3. Calculate the other parent's adjusted gross income using the same method.
Step 4. Note whether combined income exceeds the current CSSA cap. If combined annual income approaches or exceeds the cap, the above-cap portion requires judicial discretion rather than a formula result.
Step 5. Enter the number of children covered by this order.
Step 6. Add healthcare costs. New York adds the children's health insurance premium and unreimbursed medical costs as add-ons proportional to each parent's CPI share.
Step 7. Add childcare costs. Enter work-related childcare expenses. These are allocated proportionally by CPI share.
Step 8. Review the result with the understanding that no automatic parenting time credit is built into this estimate.
Parenting Time and New York's Formula
New York's CSSA base formula does not include an automatic parenting time credit. Unlike most Income Shares states, the standard New York calculation produces the same result regardless of how many overnights the non-custodial parent has.
Courts can deviate from the CSSA amount, and parenting time is one factor courts consider when evaluating a deviation. A non-custodial parent with substantial parenting time can present evidence of their direct spending on the children as grounds for a downward deviation. The deviation is not automatic, however, and requires a specific written finding from the judge.
If you have significant parenting time and believe the CSSA result does not reflect your direct financial contributions to your children's care, discuss a deviation request with a family law attorney before your hearing.
Add-On Expenses in New York
New York adds healthcare premiums, unreimbursed medical costs, and work-related childcare as mandatory add-ons to the base CSSA obligation. These are allocated proportionally by each parent's share of the CPI. Educational costs and other child-specific expenses may also be added by court order in appropriate cases.
Reading Your Results
The results show each parent's adjusted gross income, the Combined Parental Income, the applicable CSSA percentage, the total CSSA obligation, each parent's CPI share, add-on costs, and the final monthly obligation.
If combined income is close to or above the current CSSA cap, the result for the above-cap portion is a judicial determination, not a formula output. The calculator shows the formula portion; any above-cap amount requires a court finding.
After You Get Your Estimate
New York courts must follow the CSSA in all cases. Deviation requires a written finding stating the reasons the CSSA amount is unjust or inappropriate. Common grounds include the non-custodial parent's significant parenting time, the custodial parent's substantially higher income, a child's extraordinary needs, or combined income well above the cap.
Modification in New York requires a showing of a substantial change in circumstances or that three years have passed since the last order. A 15 percent or more change in the calculated obligation is the statutory threshold for a presumptive modification. Income changes, changes in healthcare or childcare costs, and changes in the children's needs are the most common grounds.
A licensed New York family law attorney can help you evaluate a deviation request and advise on above-cap income situations. Many offer a free initial consultation.