New York Family Law and Mediation Attorney
New York Mediation Attorney
What is Family & Divorce Mediation
How Am I Different?
Family Law Practice Areas
Litigated Divorce
Uncontested Divorce
Divorce Mediation
Custody / Visitation
Equitable Distribution
Child Support
Spousal Support
Prenuptial / Postnuptial
Post Judgement of Divorce Matters
Fees
Family Court Matters
Contact New York Family Law Lawyers
30 Central Park South New York, NY 10019
New York Family Law and Mediation Lawyer Attorney Profile Frequently Asked Questions Resource Links Contact a New York Family Law Attorney
Click here to read our Blog

Child Support

In New York Family Court, the law that governs child support is called the Child Support Standards Act and is found in the Family Court Act Section 413 (1-b). This law provides the formula and guidelines, through which the appropriate amount of child support is calculated.

When parties are going through a child support proceeding (commenced with a child support petition) in any of the New York State Family Courts, the Family Court Act governs. A child support award is calculated based on the number of children of the marriage, the combined parental income (less FICA and Medicare deductions), and the parties' proportionate share of the financial child support responsibility. This yields the presumptively legally correct child support calculation. The percentage of the combined parental income allocated for the support of one child is 17%; 25% for two children; 29% for three children; 31% for four children; and for five or more children not less than 35% of combined parental income up to $141,000.

However, the Court is free to use these child support guidelines beyond the combined $141,000 so long as there is a stated reason to order child support based on a combined income above the $141,000. (The case that created this rule is from the 1995 New York Court of Appeals case Cassano v. Cassano, 85 N.Y.2d 649.) It is important to note that child support is not considered income to the custodial parent for tax reporting purposes.

If you are contemplating filing a support petition or if you have been served with a support petition, there are several factors that the Court considers when calculating child support based on the legal guidelines. The factors include:

  • the financial resources of the parents and the child
  • the child's health, needs and aptitude
  • the standard of living during the marriage
  • tax consequences
  • non-financial parental contributions for the child
  • the parent's educational needs
  • the respective financial positions of the parents
  • the financial needs of any children not of the marriage
  • the non-custodial parent's financial costs of visitation with the child
  • and other factors that the Court wishes to consider

Click here to view the New York Child Support Calculation.

Attorney Web Design The information on this New York Family Law Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Address: 7600 Jericho Turnpike, Suite 308, Woodbury, New York 11797 Phone: (516) 639-6747 Office