In New York, child support is calculated as a percentage of up to $80,000 of the total combined income of both parents.
There are several steps to calculating child support in New York.
- Calculate the Total Combined Income of Both Parents
- Subtract Any Applicable Deductions from the Total Combined Income
- Determine the Percentage of Income to Be Paid as Child Support Based on Number of Children
- Determine Each Parent’s Pro Rata Share of Child Support
- Additional Expenses for Child Support
- Seeking Legal Help
First, to calculate the total combined income of both parents, courts will add together the total gross income of both parents, from all sources, based on the previous year’s tax returns.
Second, the court will subtract any applicable deductions from the total combined income to determine the adjusted income amount. Applicable deductions that can be subtracted from the total income include:
- 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
- FICA taxes
Child support is then calculated as a simple percentage of the adjusted income amount based on the number of children being supported.
If one child is being supported, 17% will be paid
- For 2 children, pay 25%
- For 3 children, pay 29%
- For 4 children, pay 31%
- For 5 children or more, no less than 35% of the parents’ combined total income must 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.
Finally, the court will assign a pro rata share of child support that each parent must pay based on the amount each parent contributes to the total income. This amount is equal to the individual parent’s total income divided by the combined income of both parents.
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 circumstances.
Contact an experienced attorney if you need help with a child support issue. A qualified child support attorney can provide you more information regarding a child support issue.