Child Support in New York: Calculation, Add-Ons, and Enforcement

Child support in New York is set by a statutory formula: the court combines both parents’ incomes, applies a fixed percentage based on the number of children (17% for one, up to 35% for five or more), and divides the result between the parents in proportion to what each earns.¹ The formula runs on combined income up to $193,000 as of March 1, 2026, and support generally continues until the child turns 21.² Both parents owe the duty regardless of whether they were ever married.

The Formula and the Percentages

The Child Support Standards Act, codified at Family Court Act §413 and Domestic Relations Law §240, sets the percentages the court applies to combined parental income:

One child: 17%
Two children: 25%
Three children: 29%
Four children: 31%
Five or more children: no less than 35%

The cap of $193,000 adjusts every two years.² Above that ceiling, the court has discretion: it may extend the same percentage to the excess, weigh statutory factors like the child’s needs and each parent’s resources, or both.

A quick worked example. Parent A earns $90,000 and Parent B earns $60,000. Combined income is $150,000, and 17% of that (for one child) is $25,500 a year. Parent A’s 60% share is $15,300; Parent B’s 40% share is $10,200. The custodial parent is presumed to spend their share directly on the child, so only the noncustodial parent’s portion becomes a payment order.

What Counts as Income

The starting figure is gross income from the most recent federal tax return.¹ If you filed jointly with a new spouse, you have to submit a sworn statement separating out your individual earnings. Wages are just the start. The court also counts workers’ compensation, disability benefits, unemployment insurance, Social Security, veterans’ benefits, pensions, and annuity payments.³ Investment income counts, reduced by the expenses that produced it. Self-employed parents can expect the court to add back paper deductions that don’t reduce actual cash, like depreciation beyond straight-line and personal expenses run through the business.

Before applying the percentage, each parent subtracts a defined list of items from gross income: FICA taxes actually paid, New York City or Yonkers income tax if applicable, child support paid under a prior court order for other children, and unreimbursed business expenses your employer doesn’t cover.³ What remains is the income the formula uses.

Imputed Income

Taking a lower-paying job or leaving work to shrink your support number doesn’t work. The court can impute income based on what you’re capable of earning, looking at prior earnings history, education, skills, and the job market.¹ Non-income assets and fringe benefits like a company car or employer-provided housing can be treated as available resources too.³

Incarceration is not treated as voluntary unemployment, with one exception: if the conviction was for failing to pay child support, or for an offense against the custodial parent or the child, the court will not lower the obligation on that basis.¹

Add-Ons Beyond the Base Amount

The percentage-based number is the basic obligation. Three categories are required on top of it, split between parents in the same income proportions:

Health insurance premiums for the child
Unreimbursed medical expenses (co-pays, deductibles, anything insurance won’t cover)
Childcare costs incurred so the custodial parent can work or attend school⁴

The court can also order shared costs for private school, tutoring, or extracurriculars when they serve the child’s interests, weighing the family’s pre-separation lifestyle and each parent’s ability to pay.

College is discretionary, not automatic. New York courts have authority to order a parent to contribute to post-secondary education costs when the circumstances justify it.⁵ The court weighs each parent’s resources, the child’s academic record, available aid and scholarships, and whether the parents had established expectations about higher education. A noncustodial parent can be directed to pay the school directly.

Low-Income Protections

A self-support reserve shields the lowest-earning payers. For 2026, that reserve is $21,546.² If a noncustodial parent’s income falls below the reserve but at or above the 2026 federal poverty guideline of $15,960, the order is set at $25 per month instead of the standard formula. Below the poverty guideline, the minimum drops to $50 per month total.

When Child Support Ends

New York’s default endpoint is age 21, older than most states and a common source of surprise.⁴ Support ends earlier if the child is emancipated: getting married, becoming self-supporting, or joining the military all qualify. A child between 17 and 21 who leaves home and refuses to follow reasonable parental rules can also be deemed emancipated.

For a child with a developmental disability, the obligation extends further. Parents must provide financial support from age 21 through 25 if the child depends on them, and health insurance coverage until age 26.⁴

Filing a Petition and the First Hearing

A child support case starts with a Support Petition filed in the Family Court of the county where the child lives.⁶ There is no filing fee. You’ll need the other parent’s address, employer, and Social Security number, along with a financial disclosure affidavit covering your income, expenses, and deductions, and supporting documents like pay stubs and tax returns.⁷

Both parents appear before a Support Magistrate, who reviews the financial disclosures, applies the CSSA formula, and issues the order. Written objections can be filed with a Family Court judge within 30 days.

File promptly. Support can be ordered retroactively to the date the petition was filed, not the date of the hearing.⁸ Months between filing and hearing can produce a large back-support balance, which the court will order paid in a lump sum or on a schedule.

How Payments Are Made

Payments in New York run through the Support Collection Unit (SCU), not from parent to parent. This matters. Money handed directly to the custodial parent will not be credited to your account, and you can end up owing it a second time.⁹

In most cases the court issues an income withholding order and the employer deducts support from each paycheck automatically.⁴ When that isn’t possible, payments can be made through the state’s online portal or mobile app using a card, PayPal, or Venmo, with no fees.⁹

Enforcement When Support Goes Unpaid

Enforcement tools escalate with the size of the arrears and the willfulness of the nonpayment:

Wage garnishment through the SCU.⁴
Suspension of driver’s, professional, and business licenses once arrears reach four months of the current obligation.¹⁰
Freezing and seizing bank account funds.⁴
Interception of federal and state tax refunds.⁴
Passport denial or revocation once past-due support exceeds $2,500.¹¹
Up to six months of incarceration for willful contempt.¹⁰

Arrears do not disappear over time, and New York courts cannot retroactively wipe out child support debt that has already accrued.

Changing an Order After Circumstances Change

An existing order can be modified, but you have to clear a threshold. Either three years must have passed since the order was entered or last modified, or one parent’s gross income must have changed by 15% or more. You also need a substantial change in circumstances. Common grounds include involuntary job loss with an active job search, a significant income increase, a shift in the child’s needs, or a new disability.

Timing is everything. A modification only applies from the date the petition is filed. Waiting six months after losing a job means owing the full original amount for those six months. An incarcerated parent can seek modification based on changed circumstances, unless the incarceration was for nonpayment of support or for an offense against the custodial parent or the child.

1
New York State Senate. New York Family Court Act 413 – Parents Duty to Support Child
2
New York Child Support Services. Child Support Standards Chart
3
New York State Senate. New York Family Court Act FCT 413 – Parents Duty to Support Child
4
New York Courts. Child and/or Spousal Support
5
New York State Senate. New York Domestic Relations Law DOM 240 – Custody and Child Support; Orders of Protection
6
New York Courts. Family Forms
7
New York State Unified Court System. New York Family Court Form 4-3 – Support Petition (Individual)
8
New York State Senate. New York Family Court Act FCT 449
9
Human Resources Administration. OCSS Noncustodial Parents
10
New York City Human Resources Administration. Enforcement Actions
11
Administration for Children and Families. How Does the Passport Denial Program Work