How is the basic obligation calculated?
Four steps.
- Combine both parents’ incomes. Gross income, with certain deductions permitted — FICA and Medicare among them.
- Apply the percentage for the number of children:
| Children | Percentage of combined income |
|---|---|
| 1 | 17% |
| 2 | 25% |
| 3 | 29% |
| 4 | 31% |
| 5 or more | no less than 35% |
- Apply the cap. The percentages apply presumptively to combined parental income up to $193,000 as of March 1, 2026. Above the cap the court has discretion — it may extend the percentage to some or all of the excess, apply the statutory factors, or both.
- Divide pro rata. Each parent is responsible for their proportional share by income. The non-custodial parent pays their share to the custodial parent.
A parent earning $80,000 against a co-parent’s $40,000 is responsible for roughly two-thirds of the basic obligation.
What else is owed beyond the basic amount?
Add-on expenses, shared pro rata in the same income proportion:
- Health insurance premiums for the children
- Unreimbursed medical and dental expenses
- Childcare costs where the custodial parent works or is in school
- Educational expenses, where the court finds them appropriate
Add-ons are frequently where the real money is, and frequently where agreements are vaguest. “The parties will share unreimbursed medical expenses” without a proportion, a notice requirement, or a reimbursement deadline is a dispute waiting to happen.
How long does support continue?
Until the child turns 21 in New York, unless the child is emancipated sooner. This surprises people who assume 18 — New York’s age is higher than many states.
Can the amount be different from the formula?
Yes. A court can order a different amount where the guideline figure would be unjust or inappropriate, applying statutory factors. Parents can also agree to a different number, but the agreement must recite the guideline amount and the reason for departing from it. An agreement that fails to do so can be vulnerable later.
There is also a self-support reserve — $21,546 in 2026 — protecting a low-income payor from an order that leaves them below a basic subsistence level.
Frequently asked questions
How is child support calculated in New York?
By applying a statutory percentage to combined parental income — 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more — up to a combined income cap of $193,000 as of March 1, 2026, then dividing the obligation pro rata by income.
What is the child support income cap in New York?
$193,000 in combined parental income, effective March 1, 2026 and adjusted every two years. Support on income above the cap is at the court’s discretion.
Until what age is child support paid in New York?
Until the child turns 21, unless the child is emancipated earlier.
Does shared custody eliminate child support?
Not automatically. Even in a shared arrangement, one parent is generally treated as the custodial parent for support purposes, and an income disparity usually still produces an obligation.
What are add-on expenses?
Costs beyond the basic obligation — health insurance, unreimbursed medical, childcare, and sometimes education — shared by the parents in proportion to their incomes.
Can child support be changed?
Yes, on a substantial change in circumstances, a change of 15% or more in either parent’s income, or where three years have passed since the order.
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Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539