Entry vi · Child support
Child support runs on a formula.
- Issue
- How does a New York court figure child support?
- Rule
- The Child Support Standards Act applies a set percentage of the parents' combined income, based on the number of children.
- Translation
- It's math first. The arguments come after.
The percentages are set by statute: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. The obligation is then shared between the parents in proportion to what each earns.
Above a combined income cap, which is adjusted periodically, the court has discretion over how much of the remaining income the percentage applies to. That is where many of the real fights happen.
Child care, health insurance, and unreimbursed medical costs are typically added on top. Bring pay stubs and tax returns, because the formula is only as good as the numbers you put in.