New York Child Support Counsel from Attorney Jennifer P. Brown
In New York both parents have an obligation to support their children. Courts will expect both parents to work, and if one parent is not working, the Court can impute income to that parent for calculating child support, from numerous sources.
Generally, child support in New York is governed by a formula.
Child support = (Parent 1’s income + Parent 2’s income) x a specific percentage depending
on the # of kids
The percentages are:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- 35% for 5+ children
Each parent’s child support obligation is based on his or her respective share of the total income.
Confused? Here’s an example…
Parent 1 earns $60,000 per year and Parent 2 earns $40,000 per year and they have 2 kids.
Child Support = ($60,000 + $40,000) x 25%
Child Support = $100,000 x 25%
Child Support = $25,000
Parent 1’s Share = $60,000 ÷ $100,000
Parent 1’s Share = 60%
Parent 2’s Share = $40,000 ÷ $100,000
Parent 2’s Share = 40%
Ok…Here’s where it gets a little more confusing…
This formula is only applied to the first $143,000 of combined parental income 1. For combined income over the Cap the Court can either (1) apply the percentage, (2) look to a list of factors in the statute for a reason to deviate, or (3) some combination of 1 & 2.
When the parents have very high incomes, the Courts shift towards a needs-based analysis of child support.
In addition to basic child support, the law requires the Courts to tack on certain expenses that the parents are to split and the law gives the court permission to tack on others. The Court must split child care expenses incurred by the custodial parent while working, seeking work or going to school between the parents based on their respective incomes. Health care expenses not covered by health insurance also must be split between the parents.
Depending on the circumstances, the Court may (not must) split the cost of private school, college and extra-curricular expenses. It is important to remember which expenses the Court MUST split and which expense the Court MAY split.
1.
This figure is current for 2017, but is subject to a Cost of Living Adjustment January 31st of every even numbered year.