New York calculates child support using a formula based on both parents' income

New York uses a combined parental income model, which means the court adds together what both parents earn, then applies a percentage to determine the total support obligation. The percentage depends on how many children need support: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more. The court then divides this total between the parents based on their individual income shares.

The formula applies to combined parental income up to a cap that changes each year. For 2024, that cap is $163,000 annually, though the court can order support above that amount if it finds it appropriate. Income includes wages, self-employment earnings, bonuses, commissions, rental income, and certain benefits — not just a paycheck.

The parent who does not have primary custody (usually called the non-custodial parent) typically pays the other parent. However, if custody is shared equally or nearly equally, the calculation shifts: the parent with the higher income pays the parent with the lower income based on the difference between their income shares.

Key Takeaways

  • New York calculates support by combining both parents' income, explore a percentage based on the number of children, then dividing the obligation by income share.
  • The percentage ranges from 17% for one child to 35% for five or more, and applies to combined income up to $163,000 (2024 cap, which increases annually).
  • Income includes wages, self-employment, bonuses, rental income, and certain benefits — not just regular paychecks.
  • The non-custodial parent usually pays; in shared custody situations, the higher-earning parent pays the lower-earning parent the difference.
  • Either parent can request a modification if income changes significantly or custody arrangements shift.

How the court determines who pays and how much

A family court judge in your county uses the income shares method to set the amount. First, the judge reviews both parents' financial disclosures — forms that list income, deductions, and expenses. The judge adds the two incomes together and multiplies by the percentage for your number of children. That gives the total support obligation.

Next, the judge calculates each parent's share of that total. If one parent earns $50,000 and the other earns $30,000, the combined income is $80,000. The first parent's share is 62.5% ($50,000 ÷ $80,000), and the second parent's share is 37.5%. If the total obligation for two children is $20,000 per year, the first parent owes $12,500 and the second owes $7,500. The non-custodial parent then pays their share to the custodial parent.

The judge also considers add-on expenses: childcare costs needed so a parent can work, unreimbursed medical and dental costs, and health insurance premiums for the child. These are split between the parents in the same income-share ratio, on top of the base support amount.

What counts as income for child support purposes

New York's definition of income is broader than just a W-2 wage. It includes salary, hourly wages, bonuses, commissions, overtime, self-employment income, rental income, Social Security benefits (in some cases), unemployment insurance, workers' compensation, disability benefits, and income from investments or trusts. It also includes money a parent receives from a spouse or former spouse as maintenance (alimony).

Income does not include means-tested public information like TANF (Temporary information for Needy Families) or Supplemental Security Income (SSI), or the value of non-cash benefits like food stamps. If a parent is voluntarily unemployed or underemployed — meaning they could earn more but choose not to — the judge may impute income, or assign an income level based on their earning capacity, rather than what they actually report.

Self-employed parents must provide tax returns, business records, and profit-and-loss statements. The court looks at several years of returns to spot patterns and determine a realistic income figure, since self-employment income can fluctuate.

How child support is collected and enforced

Once a court order is in place, the non-custodial parent typically pays through income withholding. The employer receives a notice and deducts the support amount from the parent's paycheck, then sends it to the New York State Child Support Enforcement office. That office forwards the payment to the custodial parent or deposits it into an account the custodial parent can access.

If the non-custodial parent is self-employed, unemployed, or receives income that cannot be withheld from a paycheck, they may pay directly to the state office or to the other parent, depending on the court order. Payments are tracked, and the state maintains a record of who has paid and who is behind.

If a parent falls behind on support, the state can enforce the order through several methods: intercepting tax refunds, placing a lien on property, suspending a driver's license or professional license, or filing a contempt case that can result in jail time. The New York State Child Support Enforcement office handles most enforcement actions automatically; the custodial parent does not have to hire a lawyer or go back to court unless the case is complex.

Modifying child support when circumstances change

Either parent can ask the court to change the support amount if there has been a substantial and continuing change in circumstances. This typically means a change in income of 10% or more, a shift in custody, a significant change in childcare costs, or a change in health insurance availability. A job loss, a promotion, a new child born to the paying parent, or a move that changes custody all may have access to.

To request a modification, you file a motion in the family court that issued the original order. You must provide updated financial disclosures showing your current income and expenses. The other parent has a chance to respond. If you and the other parent agree on a new amount, you can submit a stipulation (a written agreement) to the judge, who will sign it if it meets New York's guidelines. If you disagree, the judge holds a hearing and decides.

Modifications are effective from the date you file the motion, not from the date the judge signs the new order — so if you file in June but the order is signed in September, the new amount applies back to June. This protects parents who file promptly but face court delays.

What happens when a parent does not pay

If the non-custodial parent stops paying or falls behind, the state's enforcement tools kick in. The most common is tax refund interception: any federal or state income tax refund is seized and applied to the arrears (back support owed). The paying parent receives notice and can request a hearing if they believe the amount is wrong.

A second enforcement tool is license suspension. The state can suspend a driver's license, professional license (such as a medical or law license), or occupational license if support is more than one month overdue. The parent can request a hearing and may be able to keep a work license if they can show they are making a good-faith effort to pay or if losing the license would cause undue hardship.

If arrears are substantial or the parent is deliberately avoiding payment, the custodial parent or the state can file a contempt case in family court. A judge can order the parent to pay a lump sum, increase the payment amount, or, in serious cases, impose jail time until the parent complies. Jail is meant as a tool to compel payment, not as punishment — the parent can be released once they pay or make a credible plan to pay.

Frequently Asked Questions

Does New York child support end when the child turns 18?

Support ends when the child turns 21 or finishes high school, whichever comes first — unless the child is disabled. If the child is still in high school after turning 18, support continues until graduation or age 21. A parent can request that support continue beyond 21 if the child has a disability that prevents self-support.

What if both parents have equal custody?

The court still uses the income-shares formula, but the parent with the higher income pays the parent with the lower income the difference between their income shares. If incomes are equal, neither parent owes the other base support, though they still split add-on expenses like childcare and health insurance.

Can I get child support if I was never married to the other parent?

Yes. New York does not require marriage for a child support order. Either parent can file a petition in family court. If paternity has not been established, the court will address that first — usually through a DNA test if the father disputes it — then calculate support the same way as for divorced parents.

What if the paying parent moves out of New York?

New York can still enforce the order. The state uses the Uniform Interstate Family Support Act (UIFSA) to pursue collection in the other state. The custodial parent can also file in the other state's court. Moving does not end the obligation, though the paying parent can request a modification based on changed circumstances, such as a job loss tied to the move.

Can child support be waived or forgiven?

Parents can agree in writing to modify or reduce support, but the agreement must be approved by a judge. A judge will not approve an agreement that leaves a child without adequate support. If the custodial parent wants to forgive arrears, they can request that the state stop collection efforts, but only the custodial parent can make that choice — not the paying parent.