The Divorce Handbook

Child support is calculated according to the Child Support Standards Act, or CSSA. This states that the court shall calculate the “basic child support obligation,” and the non-custodial parent’s pro rata share of the “basic child support obligation.” The non-custodial parent must pay this amount, unless the court finds that the amount is unjust or inappropriate.

New York Child Support

If there are children involved in your divorce, click on the links below to find out what you need to know about child support in New York, child custody issues, and visitation laws in New York.

The “basic child support obligation” is determined by calculating the combined parental income and multiplying it by the appropriate child support percentage. The child support percentage in New York is:

• 17% of the combined parental income for one child;
• 25% of the combined parental income for two children;
• 29% of the combined parental income for three children;
• 31% of the combined parental income for four children; and
• No less than 35% of the combined parental income for five or more children

Often, courts must exercise discretion in individual cases. They take into consideration:

• How much each parent earns
• The number of children
• What percentage of time the children are under each parent’s care and control

Parents can choose to waive the provisions of the CSSA, as long as the waiver is in writing. In this way, you and your ex-spouse can determine your own child support amounts and obligations. You may choose to have a lower child support paid by one spouse to the other but a higher proportion of extracurricular expenses, and/or a disproportionate contribution toward co-pays and uninsured medical, dental, and prescriptive expenses or other joint financial responsibility.