In New York, child support is calculated using the Child Support Standards Act (CSSA) formula: a fixed percentage of the parents' combined income, based on the number of children - 17% for one child, 25% for two, 29% for three, 31% for four, and no less than 35% for five or more. That percentage applies up to a combined-income cap, and the resulting amount is then split between the parents in proportion to what each of them earns.
The CSSA Formula: How the Percentage Works
New York courts start by adding both parents' incomes together to get a "combined parental income" figure. The court then applies the percentage that matches the number of children the parents share:
17% for one child
25% for two children
29% for three children
31% for four children
No less than 35% for five or more children
That percentage of combined income becomes the total child support obligation, which is then divided between the two parents based on each parent's share of the combined income. In most cases the parent who does not have primary residential custody pays their share to the other parent.
The Income Cap Is Time-Sensitive
Flag: this number changes on a schedule. The CSSA percentages are applied to combined parental income up to a statutory cap, which is currently $193,000, effective March 1, 2026 through February 28, 2028. Above that combined-income level, how the extra income is treated is left to the court's discretion - the court may apply the same percentage, adjust the amount based on the family's circumstances, or handle it another way. Because the cap is updated on a recurring schedule, always confirm the current figure with your New York court or the official statewide child support chart before relying on it, especially if your case falls near the boundary of the applicable cap period.
What Counts as "Income" Under New York Law
New York's definition of income for child support purposes is broad. It generally starts with gross income as reported on the parent's federal tax return, and then can include additional sources such as:
Investment income
Workers' compensation, disability, and unemployment benefits
Social Security and veterans' benefits
Pensions and deferred compensation
Maintenance (spousal support/alimony) received from a former spouse
Courts also have the ability to impute income - meaning a judge can attribute income to a parent who is voluntarily unemployed, underemployed, or believed to be underreporting earnings, rather than relying only on what the parent claims to earn.
Protections for Lower-Income Parents: The Self-Support Reserve
New York's guidelines build in protection so that a support order does not push a paying parent below subsistence level. This is done through a self-support reserve, set at 135% of the federal poverty level for a single person - currently approximately $21,128 (this figure moves with the federal poverty level, so treat it as approximate and confirm the current number). For parents whose income falls at or near this reserve, the guidelines set minimum "floor" support amounts rather than the full percentage calculation:
$25 per month if the paying parent's income is below the poverty level
$50 per month, or the difference between the poverty level and the self-support reserve, for parents whose income falls between those two thresholds
How Long Child Support Lasts
In New York, child support generally continues until the child turns 21, unless the child becomes emancipated sooner. Emancipation can happen earlier through events such as marriage, entering military service, or the child becoming self-supporting.
Modifying a Child Support Order
A New York child support order is not necessarily permanent. Either parent can ask a court to modify the order when:
There has been a substantial change in circumstances;
Three years have passed since the order was entered, last modified, or last adjusted; or
Either parent's gross income has changed by 15% or more since the order was set.
If the income change is a voluntary decrease (for example, a parent leaving a job), it generally only counts toward modification if it was involuntary and the parent has been diligently looking for new work. Parents can also agree in writing to opt out of the three-year and 15%-change modification triggers.
Important caveat on retroactivity: under federal law, child support that has already accrued as a past-due obligation generally cannot be reduced or eliminated retroactively, even when circumstances later change. A modification typically applies going forward from the time it is granted or requested, not to amounts already owed.
Enforcement: What Happens If Support Isn't Paid
New York's child support enforcement system operates within a federally required framework. States are required to maintain a child support enforcement agency and to use a standard set of enforcement tools, which can include:
Income withholding directly from a paying parent's wages
License suspension (driver's, professional, or recreational licenses)
Liens against property
Interception of federal tax refunds to cover past-due support
Federal law also allows garnishment of certain federal wages and benefits to satisfy support obligations, closing off a sovereign-immunity loophole that might otherwise protect federal employees or benefit recipients from enforcement.
If the other parent moves to a different state, federal law requires that state to enforce New York's existing order rather than start over, and generally bars that state from modifying it except in narrow circumstances - this is the framework that works alongside states' adoption of interstate family support laws to prevent parents from escaping a support obligation simply by relocating.
Support obligations also carry weight in bankruptcy: a "domestic support obligation" such as child support generally cannot be discharged (wiped out) in bankruptcy, and it is paid ahead of most other unsecured debts in a bankruptcy proceeding.
Child Support and Divorce Property Issues
Because pension and retirement income can count as income for child support purposes, it's worth knowing that pensions earned during a marriage are typically divided as part of a New York divorce. New York courts use a formula (originating from the New York Court of Appeals decision in Majauskas v. Majauskas) to determine what share of a pension earned during the marriage belongs to the non-employee former spouse. If you or your co-parent have a pension, keep in mind that a portion may need to be divided in the divorce itself, separate from - but sometimes relevant to - the income figures used in the child support calculation.
What You Can Do in New York
Gather income documentation. Recent tax returns, pay stubs, and records of any other income sources (benefits, pensions, investment income) will be needed for the calculation.
Check the current official child support chart. Because the income cap and self-support reserve are updated on a recurring schedule, confirm the current figures before estimating your support amount rather than relying on last year's numbers.
Identify all sources of income for both parents, since New York's definition is broader than take-home pay and can include benefits, pensions, and maintenance received.
File in the appropriate New York court - either as part of a divorce proceeding or as a standalone child support petition in Family Court - and consider contacting your county's child support enforcement office if you need help establishing or enforcing an order.
Track the modification triggers. Note the date your order was entered, and keep records if your income (or the other parent's) changes by roughly 15% or more, in case a modification becomes appropriate.
If support isn't being paid, contact your county child support enforcement office about using income withholding, license suspension, liens, or tax-refund interception rather than trying to collect on your own.
If either parent may move out of state, understand that the New York order generally stays in effect and other states are required to enforce it rather than replace it.
This article is for general information only and is not legal advice. For guidance on your specific situation, consult a licensed attorney or your local New York family court.
Frequently asked questions
How is child support calculated in New York?
New York applies the CSSA percentage to the parents' combined income up to a set cap: 17% for one child, 25% for two, 29% for three, 31% for four, and no less than 35% for five or more children, then splits that amount between the parents in proportion to their income.
What is the New York child support income cap right now?
The combined parental income cap used in the standard calculation is $193,000, effective March 1, 2026 through February 28, 2028. Income above that amount is handled at the court's discretion, and the cap itself is adjusted on a schedule, so confirm the current figure with your New York court or the official child support chart.
Until what age does child support last in New York?
Generally until the child turns 21, unless the child is emancipated sooner - for example through marriage, entering military service, or becoming self-supporting.
Can a New York child support order be changed later?
Yes. Either parent can ask for a modification based on a substantial change in circumstances, once three years have passed since the order was entered or last adjusted, or when either parent's income has changed by 15% or more (a voluntary income drop usually only counts if it was involuntary and the parent is diligently looking for work). Parties can also agree to opt out of the three-year and 15% triggers.
What happens if the other parent does not pay?
New York's child support enforcement system can use tools required under federal law - income withholding, license suspension, liens, and tax-refund offsets - to collect. Support obligations also generally cannot be eliminated in bankruptcy and are paid ahead of most other unsecured debts.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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