The Child Support Standards Act (CSSA) contains the formula for awarding child support in New
York State. Basic child support which is presumptively for purposes of food clothing and shelter
is a fixed percentage of the noncustodial parent’s income, depending upon the number of
children as follows:
- one child 17%
- two children 25%
- three children 29%
- four children 31%
- five or more at least 35%
The basic support calculation is based upon the noncustodial parent’s income after certain
deductions are made, including FICA.
The basic support calculations applied to almost all parental earnings up to $154,000 including
workers compensation, disability payments, unemployment benefits, Social Security, pensions
and others. The court can in certain situations apply basic support upon parental income in
excess of $154,000 and will use the needs of the children 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 parent’s respective incomes. In certain situations, the court will
impute or assume income to either parent as necessary.
Medical support, or health insurance must be provided in any agreement or order. The court
may also impose educational expenses in its discretion.