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Calculating Child Support in New York
In New York, child support is calculated based on the total combined income of parents up to $80,000.
There are several steps to calculating child support in New York. First, combine the adjusted gross income of both parents, from all sources, based on the previous year’s tax returns.
From the total income, a court will make several deductions, including non-reimbursed employee business expenses, alimony or child support paid to another former spouse who is not a party to the current action, public assistance, supplemental security income, city income taxes, and FICA taxes.
From the adjusted income, child support is calculated on a simple percentage system. If one child is being supported, 17% will be paid. For 2 children, pay 25%. For 3 children, 29%, for 4 children, 31%, and for 5 children or more, no less than 35% of the parents’ combined total income will be dedicated to child support.
If the total income of both parents is more than $80,000, the New York court has discretion to apply the same system, and usually will.
From here, the court will assign a pro rata share of child support that each parent must pay. This is equal to the individual parent’s total income divided by the combined income of both parents.
Furthermore, each parent is responsible for additional support, such as medical expenses and daycare costs.
New York courts can always modify child support orders, if warranted by a change in the circumstances.
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