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.