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Child Support

The Child Support Standards Act (CSSA) contains the formula for awarding child support in New York State. Basic child support is a fixed percentage of the non-custodial parent's income, depending upon the number of children, as follows:

1 child 17%

2 children 25%

3 children 29%

4 children 31%

5 or more at least 35%

The basic support calculation is based upon the non-custodial parent's income after certain deductions are made, including FICA.

The basic support calculation is applied to almost all parental earnings up to $130,000.00, including workers' compensation, disability payments, unemployment benefits, social security, pensions and others. The Court can in certain situations apply basic child support upon parental income in excess of $130,000.00, and will use the needs of the child(ren) when making this determination.

Additional expenses, or "add-ons" such as unreimbursed medical expenses are calculated as pro-rata, which is a ratio of the parents' respective incomes.

Medical support, or health insurance, must be provided in any agreement or Order. The Court may also impose educational expenses in its discretion.

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