New York calculates child support using the Child Support Standards Act (CSSA), which applies statutory percentages to combined parental income up to $193,000 effective March 1, 2026. For one child, the basic obligation equals 17% of combined income, increasing to 25% for two children, 29% for three, 31% for four, and 35% for five or more. The noncustodial parent pays their pro-rata share based on income proportion, plus mandatory add-ons for childcare, health insurance, and unreimbursed medical expenses exceeding $250 annually.
Key Facts: New York Child Support 2026
| Category | Details |
|---|---|
| Governing Law | N.Y. Dom. Rel. Law § 240 (Supreme Court) / Family Court Act § 413 |
| Income Cap | $193,000 combined (effective March 1, 2026) |
| One Child Rate | 17% of combined parental income |
| Two Children Rate | 25% of combined parental income |
| Support Duration | Until child turns 21 (or emancipation) |
| Minimum Order | $25-$50/month for low-income parents |
| Filing Fee | $335 total ($210 index number + $125 note of issue) |
| Self-Support Reserve | $21,546 (2026) |
| Poverty Guideline | $15,960 (2026) |
How New York Calculates Child Support Amount
New York courts calculate child support by adding both parents' gross incomes together, applying a percentage based on the number of children, and then dividing the obligation between parents according to their share of combined income. Under N.Y. Dom. Rel. Law § 240(1-b), this formula produces a presumptively correct amount that courts deviate from only in limited circumstances. The calculation applies to combined parental income up to $193,000 as of March 2026, with courts exercising discretion for income exceeding that cap.
The CSSA Percentage Rates
The Child Support Standards Act mandates specific percentages based on the number of children requiring support:
| Number of Children | Percentage of Combined Income |
|---|---|
| 1 child | 17% |
| 2 children | 25% |
| 3 children | 29% |
| 4 children | 31% |
| 5 or more children | 35% (minimum) |
Step-by-Step Calculation Example
Consider parents with combined gross income of $120,000 supporting two children, where Parent A earns $80,000 (67%) and Parent B earns $40,000 (33%):
- Combined parental income: $120,000
- Multiply by percentage for two children: $120,000 × 25% = $30,000 annual obligation
- Parent A's share (as noncustodial): $30,000 × 67% = $20,100 annually ($1,675/month)
- Monthly basic child support: $1,675
This basic calculation excludes mandatory add-ons for childcare, health insurance premiums, and unreimbursed medical expenses, which courts allocate separately using the same income proportions.
Average Child Support Payments in New York 2026
Determining how much is child support in New York depends entirely on the parents' combined income and number of children, making state averages less meaningful than individual calculations. However, the CSSA formula produces predictable results at common income levels. For combined parental income of $100,000 supporting one child, the basic child support obligation equals $17,000 annually or approximately $1,417 monthly. Two children at the same income level require $25,000 annually or roughly $2,083 monthly.
Sample Support Amounts by Income Level
| Combined Income | 1 Child (17%) | 2 Children (25%) | 3 Children (29%) |
|---|---|---|---|
| $60,000 | $850/month | $1,250/month | $1,450/month |
| $80,000 | $1,133/month | $1,667/month | $1,933/month |
| $100,000 | $1,417/month | $2,083/month | $2,417/month |
| $120,000 | $1,700/month | $2,500/month | $2,900/month |
| $150,000 | $2,125/month | $3,125/month | $3,625/month |
| $193,000 (cap) | $2,734/month | $4,021/month | $4,664/month |
These figures represent basic support only. The actual child support amount increases when courts add mandatory expenses for childcare, health insurance, and medical costs.
The $193,000 Income Cap: 2026 Update
New York raised the combined parental income cap from $183,000 to $193,000 effective March 1, 2026, under the biennial adjustment required by N.Y. Dom. Rel. Law § 240(1-b)(c)(2). The Commissioner of Social Services reviews this threshold every two years based on the Consumer Price Index for all urban consumers. The $193,000 cap remains effective through February 28, 2028.
How Income Above the Cap Works
For combined parental income exceeding $193,000, courts exercise discretion rather than applying automatic percentages. Under DRL § 240(1-b)(f), judges consider ten statutory factors when determining support on income above the cap:
- Financial resources of both parents and the child
- Physical and emotional health of the child and special needs
- Standard of living the child would have enjoyed absent divorce
- Tax consequences to the parties
- Non-monetary contributions toward child-rearing
- Educational needs of either parent
- Disparity in gross income between parents
- Needs of other children the noncustodial parent supports
- Extraordinary expenses for extended visitation
- Other factors the court finds relevant
Courts frequently apply the statutory percentages to income above the cap as well, though they retain discretion to deviate based on these factors.
Mandatory Add-On Expenses Beyond Basic Support
New York child support guidelines require courts to allocate three categories of expenses on top of the basic CSSA obligation. Under DRL § 240(1-b)(c)(4), these mandatory add-ons are shared pro-rata between parents based on their respective income percentages. Parents cannot waive these allocations, and courts must address them in every support order.
1. Work-Related Childcare Costs
Where the custodial parent incurs childcare expenses while working, attending school, or receiving vocational training, courts determine reasonable costs and prorate them between parents. This includes daycare, after-school programs, summer camps necessary for employment, and babysitter fees. Under DRL § 240(1-b)(c)(4), childcare must relate directly to the custodial parent's employment or education leading to employment.
2. Health Insurance Premiums
Both parents share the cost of maintaining health, dental, and vision insurance for their children. Courts allocate premium costs for coverage of the children (not the parents' own coverage) in the same proportion as each parent's income to combined parental income. If employer-sponsored coverage costs the employee nothing extra to add children, courts impute no cost for that parent's contribution.
3. Unreimbursed Medical Expenses
Out-of-pocket healthcare costs exceeding $250 per year per child are shared pro-rata between parents under DRL § 240(1-b)(c)(5). This includes co-pays, deductibles, prescription costs, eyeglasses, orthodontia, therapy, and any medical expense not covered by insurance. Parents typically exchange receipts and reconcile these costs quarterly or annually.
Discretionary Add-Ons: Education and Extras
Beyond mandatory expenses, New York courts may award discretionary add-ons for educational and enrichment costs under DRL § 240(1-b)(c)(7). Courts consider the circumstances of each case, financial resources of both parties, and best interests of the child when determining whether to allocate these expenses.
Private School and Tutoring
Courts may allocate private school tuition when families historically utilized private education during the marriage or when the child has special needs requiring such placement. Tutoring costs, test preparation, and enrichment programs fall within judicial discretion. The standard requires courts to find that such education is appropriate given the circumstances and in the child's best interests.
College Expenses for Children Under 21
New York courts can order parents to contribute to college expenses while the child remains under age 21 and unemancipated. Courts commonly cap contributions at SUNY costs, approximately $27,000 per year for tuition, room, and board as of 2026. However, New York cannot mandate child support payments beyond age 21, even if the child remains enrolled in college. Parents frequently agree through stipulation to extend support through graduation if the child reaches 21 before completing their degree.
Low-Income Protections and Minimum Orders
New York protects low-income parents from support obligations that would push them below subsistence levels. The CSSA establishes two critical thresholds for 2026: the Self-Support Reserve (SSR) of $21,546 and the Federal Poverty Income Guideline of $15,960. These protections apply automatically when calculating child support for lower-earning noncustodial parents.
The Tiered Protection System
- Income above $21,546 (SSR): Full CSSA formula applies without reduction
- Income between $15,960 and $21,546: Minimum order of $50 per month
- Income at or below $15,960 (poverty line): Order as low as $25 per month
The lowest possible child support order in New York is $25 per month. Even parents with minimal income receive at least this nominal order, emphasizing the legal obligation to contribute something toward their child's support.
Self-Employment and Imputed Income
New York courts scrutinize self-employed parents' income claims carefully when determining child support amount. Under DRL § 240(1-b)(b)(5), gross income includes virtually all income sources: wages, salary, commissions, bonuses, overtime, self-employment income, investment returns, rental income, Social Security benefits, pensions, workers' compensation, disability payments, unemployment insurance, and trust distributions. Self-employment income is multiplied by 0.847 to account for the employer's share of FICA taxes.
When Courts Impute Income
New York courts impute income to parents who are voluntarily unemployed or underemployed without good cause. The court evaluates the parent's education, work history, vocational skills, and local job market conditions to determine earning capacity. If bank records show deposits inconsistent with reported income, or if a parent's lifestyle suggests higher earnings, courts may impute income based on earning potential rather than claimed income.
Factors Courts Consider
Under FCA § 413(1)(b)(5)(v), courts examine:
- Parent's assets and resources
- Employment and earning history
- Job skills and educational attainment
- Age, health, and employment barriers
- Criminal record affecting employability
- Local job market conditions
- Record of seeking employment
- Prevailing earnings levels in the community
Courts will not impute income when reduced earnings result from circumstances beyond the parent's control, such as disability, involuntary layoff, or general economic conditions affecting their industry.
Shared Custody and Parenting Time
New York's CSSA provides no automatic adjustment for shared physical custody arrangements, unlike many other states. The law assumes one custodial parent and one noncustodial parent, with the noncustodial parent paying support regardless of parenting time division. Even parents with 50/50 custody schedules must designate one as the custodial parent for support purposes based on who has more annual overnights.
Determining the Custodial Parent
When parenting time is shared, the parent with the majority of overnights per year becomes the custodial parent for child support purposes. If overnights are exactly equal, the parent with higher income typically pays child support to the lower-earning parent. The Third Department established in Baraby v. Baraby that the higher-income parent becomes the noncustodial parent for CSSA purposes in true 50/50 arrangements.
Deviation for Shared Custody
Courts may deviate from the CSSA formula in shared custody cases under DRL § 240(1-b)(f) factors. The Fourth Department in Carlino v. Carlino held that when a parent with equal time demonstrates that their expenses substantially reduce the costs the other parent bears, courts should find it unjust to award the full statutory amount. Methods include:
- Offset method: Calculate what each parent would owe as noncustodial parent, then subtract the smaller from the larger
- Pro-rata adjustment: Reduce the primary CSSA amount to reflect actual time division
These deviations require a showing that following the standard formula would be unjust or inappropriate under the circumstances.
Child Support Until Age 21
New York extends child support obligations until the child turns 21, three years longer than the 18-year cutoff in approximately 40 other states. Under DRL § 240(1-b) and FCA § 413, both parents remain responsible for supporting any unemancipated child under age 21, regardless of whether the child has graduated high school, lives independently, or works part-time.
Early Emancipation Ends Support
Child support can terminate before age 21 if the child becomes emancipated through:
- Marriage
- Active-duty military enlistment
- Full-time self-supporting employment at age 18 or older
- Voluntary abandonment of the parental home without cause
The paying parent must file a petition and prove emancipation. Living outside the home for college does not constitute emancipation. New York also recognizes constructive emancipation when a child between 17 and 21 abandons the custodial home without good reason and refuses to follow reasonable parental rules.
Children with Developmental Disabilities
Child support for a child with a developmental disability extends to age 26 under DRL § 240-d, enacted October 8, 2021. Financial support continues to age 25, and health insurance coverage extends to age 26.
Modifying Child Support Orders
New York permits modification of child support under three circumstances defined by DRL § 240(1-b)(h). Parents seeking modification must file in the court that issued the original order or transfer jurisdiction to a new county if both parties have relocated.
Three Grounds for Modification
-
Substantial change in circumstances: Significant changes to the cost of raising a child or to either parent's income. The change must be unanticipated at the time of the original order.
-
Three years elapsed: After three years since the order was entered, last modified, or adjusted, either parent can seek recalculation based on current income without proving changed circumstances.
-
15% income change: An involuntary change in either party's gross income of 15% or more since the order was entered, modified, or adjusted.
Important Timing Rules
Modification is effective only from the filing date of the modification petition. Courts cannot retroactively reduce arrears that accumulated before filing. If circumstances change, parents should file immediately rather than waiting. The loss of employment must be involuntary, and the parent must demonstrate good-faith efforts to find new work. Deliberate income reduction to lower support obligations will not succeed.
Enforcement Through the Support Collection Unit
New York enforces child support through county Support Collection Units (SCU), which process payments and pursue collection when parents fall behind. Under 18 NYCRR § 347.9, all child support orders payable through the SCU require immediate income withholding. The primary tool is the Income Withholding Order (IWO), a mandatory directive to employers prioritizing support above other debts.
Enforcement Actions for Non-Payment
When administrative enforcement fails, the SCU can:
- Intercept federal and state tax refunds
- Seize lottery winnings and bank accounts
- Suspend driver's licenses
- Deny passport applications
- Report arrears to credit bureaus
- Suspend professional, business, or occupational licenses
- File violation petitions seeking probation or incarceration
The SCU issues income withholding orders when a parent misses three payments or accumulates arrears equal to one month's obligation. Employers must comply with withholding orders within 10 business days of receipt.
Contact Information
New York State Child Support Helpline: 1-888-208-4485 Online: childsupport.ny.gov
Filing Fees and Court Costs
New York divorce and child support matters proceed in Supreme Court, the only court with jurisdiction over matrimonial actions. Filing fees total $335 for standard cases as of March 2026, though contested matters require additional fees.
Fee Breakdown
| Fee Type | Amount |
|---|---|
| Index number fee | $210 |
| Note of issue fee | $125 |
| Request for Judicial Intervention (contested) | $95 |
| Motion filing | $45 each |
| Settlement agreement filing | $35 |
| Certified copy of judgment | $8 each |
| Service of process | $40-$75 |
Fee Waivers
New York offers fee waivers through Poor Person Relief under N.Y. CPLR § 1101. Individuals receiving public benefits including Medicaid, SNAP, SSI, or TANF automatically qualify. Others may qualify based on income and household size by filing an affidavit demonstrating inability to pay.
As of March 2026. Verify current fees with your local county clerk before filing.
New York Residency Requirements
At least one spouse must meet residency requirements under DRL § 230 before filing for divorce in New York. Five pathways exist, requiring only one to be satisfied:
- Married in New York and either party has resided continuously for one year immediately preceding filing
- Resided in New York as spouses and either party has resided continuously for one year
- Cause of action occurred in New York and either party has resided continuously for one year
- Cause of action occurred in New York and both parties are residents when filing
- Either party has resided continuously in New York for two years (no other connection required)
New York treats domicile and residence synonymously under DRL § 230. Physical presence alone is insufficient; you must demonstrate intent to make New York your permanent home through factors including voter registration, driver's license, tax filings, and community ties.
Frequently Asked Questions
How much is child support in New York for one child?
New York requires the noncustodial parent to pay their pro-rata share of 17% of combined parental income up to $193,000 for one child. For combined income of $100,000 where the noncustodial parent earns 60%, basic support equals $10,200 annually ($850/month) before add-ons for childcare, health insurance, and medical expenses are included.
What is the maximum child support in New York for 2026?
The CSSA formula applies mandatory percentages only to combined income up to $193,000. For one child at this cap, basic support equals $32,810 annually ($2,734/month). Courts may order additional support on income exceeding the cap based on ten statutory factors including the child's needs and prior standard of living.
Does New York reduce child support for 50/50 custody?
No automatic reduction exists for shared custody under the CSSA. New York designates the parent with fewer annual overnights as the noncustodial parent who pays support. In true 50/50 arrangements, the higher-earning parent typically pays. Courts may deviate from guidelines if applying the formula would be unjust, but shared time alone does not reduce the obligation.
How long does child support last in New York?
Child support continues until the child turns 21 in New York, one of only a few states with this extended obligation. Support terminates earlier if the child becomes emancipated through marriage, military enlistment, self-supporting full-time employment at 18+, or voluntary abandonment of the parental home. Children with developmental disabilities receive support until age 25-26.
Can child support be modified if I lose my job?
Yes, involuntary job loss constitutes a substantial change in circumstances permitting modification under DRL § 240(1-b)(h). However, the reduction takes effect only from the date you file the modification petition. Courts cannot retroactively reduce arrears. You must demonstrate the job loss was involuntary and show good-faith efforts to find comparable employment.
What income counts for New York child support?
New York includes virtually all income sources: wages, salary, commissions, bonuses, overtime, self-employment income, investment returns, rental income, Social Security benefits, pensions, workers' compensation, disability payments, unemployment insurance, and trust distributions. Self-employment income is multiplied by 0.847 to account for employer FICA contributions.
Does child support cover college expenses in New York?
Basic child support terminates at age 21 regardless of college enrollment. However, courts may order parents to contribute to college expenses as a separate add-on while the child remains under 21. Courts commonly cap contributions at SUNY costs (approximately $27,000/year). Parents cannot be compelled to pay college expenses beyond age 21 unless they agreed by stipulation.
What is the minimum child support payment in New York?
The absolute minimum child support order is $25 per month for parents at or below the federal poverty guideline ($15,960 in 2026). Parents earning between the poverty line and the Self-Support Reserve ($21,546 in 2026) receive minimum orders of $50 per month. These protections prevent support orders from pushing noncustodial parents below subsistence levels.
How do I enforce unpaid child support in New York?
Contact your county Support Collection Unit (SCU) or the NYS Child Support Helpline at 1-888-208-4485. The SCU can issue income withholding orders to employers, intercept tax refunds, seize bank accounts, suspend licenses, and deny passports. For persistent non-payment, the SCU files violation petitions that can result in probation or incarceration.
What happens to child support if income exceeds $193,000?
For combined parental income above the $193,000 cap (effective March 2026), courts apply discretion rather than automatic percentages. Judges consider ten statutory factors including the child's needs, prior standard of living, and parents' financial resources. Courts frequently extend the CSSA percentages to income above the cap but retain discretion to deviate based on circumstances.