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Child support in New York: who pays, the percentages, and how to ask for it

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

In New York, both parents must support their child until age 21. Courts use the Child Support Standards Act formula: a set percentage of the parents' combined income — 17% for one child, 25% for two, 29% for three, 31% for four and at least 35% for five or more — up to an income cap that is adjusted every two years, then split between the parents in proportion to their incomes. The parent who doesn't have primary custody usually pays their share to the other parent. Child care, health insurance and sometimes education costs are added. You ask for support by filing a petition in Family Court, or within a divorce case.

Read on for the details, the exceptions and the sources.

In plain words

Custodial parent
The parent the child mainly lives with. The other parent (the non-custodial parent) usually pays child support to them.
Combined parental income
Both parents' incomes added together, after certain deductions such as FICA taxes and New York City or Yonkers income taxes.
Pro rata share
Each parent's portion, in proportion to their income. If you earn 60% of the combined income, your share is 60%.
Unemancipated
A child who still depends on the parents. A child can become emancipated before 21 — for example by marrying or becoming self-supporting; a court decides disputes.
Arrears
Child support that was ordered but not paid. It builds up as a debt.

What is it?

Child support is money a parent pays, under a court order or a valid agreement, for the care, maintenance and education of an unemancipated child under 21 (Domestic Relations Law § 240(1-b)(b)(2); Family Court Act § 413(1)). Both parents are responsible. The same formula — the Child Support Standards Act — applies in Family Court and in divorce cases in Supreme Court.

Who qualifies?

  • Any child under 21 who isn't emancipated (Family Court Act § 413(1)(a)).
  • The parent or other person the child lives with can ask for support from a parent who doesn't live with the child.
  • It doesn't matter whether the parents were ever married; if paternity hasn't been established, that can be done in Family Court.
  • If the child receives public assistance, the order can date back to when the child became eligible for assistance (Family Court Act § 449(2)).

How much?

The 'child support percentage' of the combined parental income is (§ 240(1-b)(b)(3)):

  • 17% for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • At least 35% for five or more children

How is it calculated?

  1. Work out each parent's income

    Start with gross income as reported, or as it should have been reported, on the latest federal tax return, plus some other income such as unemployment, Social Security, pensions and workers' compensation. Then deduct items the law lists, including FICA taxes, New York City or Yonkers income taxes, and support actually paid for other children or a former spouse (§ 240(1-b)(b)(5)).

  2. Add the incomes together

    This is the combined parental income (§ 240(1-b)(b)(4)).

  3. Apply the percentage up to the cap

    Multiply combined income up to the 'combined parental income amount' by the percentage (§ 240(1-b)(c)(2)). That cap was $141,000 in 2014 and is adjusted every two years from March 1, 2016 for inflation (Social Services Law § 111-i(2)(b)). Check the current figure on the official child support standards chart before you rely on it.

  4. Decide about income above the cap

    For combined income above the cap, the court decides using the § 240(1-b)(f) factors and/or the percentage (§ 240(1-b)(c)(3)).

  5. Split by income

    The basic obligation is divided between the parents in proportion to their incomes. The non-custodial parent pays their share.

  6. Add the extras

    Reasonable child care costs while the custodial parent works or studies are shared in the same proportion (§ 240(1-b)(c)(4)); the court also orders health insurance or cash medical support (§ 240(1-b)(c)(5)) and may award educational expenses (§ 240(1-b)(c)(7)).

Exceptions

  • Low income: if the formula would push the paying parent's income below the federal poverty guideline for one person, support is generally $25 a month; if it would push income below the 'self-support reserve' (135% of that guideline), generally $50 a month or the difference, whichever is greater (§ 240(1-b)(b)(6), (d)).
  • The court can order a different amount if the formula result is 'unjust or inappropriate', considering factors such as the parents' and child's resources, the child's needs, the standard of living the child would have had, and non-money contributions (§ 240(1-b)(f)). It must explain why in writing (§ 240(1-b)(g)).
  • Parents can agree on an amount, but the agreement must state that they were told about the guidelines and what the formula amount would be, and explain any difference (§ 240(1-b)(h)).

What documents do you need?

  • Proof of the child's birth and, if relevant, paternity.
  • Your latest tax return, W-2s and recent pay stubs.
  • Anything you know about the other parent's job and income.
  • Proof of child care costs and health insurance for the child.
  • A sworn statement of net worth: both parents must disclose their finances in Family Court support cases (Family Court Act § 424-a).

How do you get it?

  1. File a support petition

    Go to the Family Court in the county where you or the child lives (or ask for support within your divorce case in Supreme Court).

  2. Serve the other parent

    The other parent must be notified of the case and the court date.

  3. Exchange financial information

    Both parents file financial disclosure, including tax returns and pay stubs.

  4. Attend the hearing

    The court applies the formula to both parents' financial information and issues a support order. If either parent has no lawyer, the court must give them a copy of the child support standards chart before a final support order (Domestic Relations Law § 240(1-b)(i)).

What if they refuse?

If a parent doesn't pay under an order, you can file a violation petition in Family Court. The court must enter a money judgment for the unpaid support and can order the money deducted from the parent's income, among other enforcement powers (Family Court Act § 454). Arrears that have already built up generally can't be reduced or cancelled retroactively (§ 451(1)).

Deadlines

  • File as soon as you can: an order of child support generally takes effect from the date you file the petition, not from when the parents separated (Family Court Act § 449(2)).
  • Changing an order: you can ask for a change if there's been a substantial change in circumstances, or — unless your agreement opted out — if three years have passed, or either parent's gross income changed by 15% or more (§ 451(3)).
  • A reduction in income counts only if it was involuntary and the parent has tried diligently to find comparable work (§ 451(3)(b)(ii)).

Frequently asked questions

Until what age is child support paid in New York?

Generally until 21, unless the child becomes emancipated earlier (Family Court Act § 413(1)(a); Domestic Relations Law § 240(1-b)(b)(2)).

We share custody 50/50. Does anyone pay?

Often one parent is still treated as the non-custodial parent and pays, but how shared arrangements are handled depends on the facts. This is a good question for the court's self-help center or a family lawyer.

What is the income cap right now?

The cap is set by Social Services Law § 111-i: $141,000 as of January 2014, adjusted every two years from March 1, 2016. The current figure appears on the official child support standards chart. Income above the cap may still be counted, at the court's discretion.

I lost my job. Can my support go down?

You can file a petition to modify. A drop in income counts only if it was involuntary and you have tried diligently to find comparable work (Family Court Act § 451(3)(b)(ii)). File quickly: arrears that build up before you apply generally can't be cancelled later.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.