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How does a court calculate child support?

New York State courts use a number of criteria in determining fair child support payments, including:

Each parent’s net income, not including FICA, NYC or Yonkers income tax, spousal maintenance or support, and child support payments for other children.

The court adds each parent’s net income together and multiplies is by a percentage dependent upon the number of their children, as follows:

  • 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

If the parent’s combined income is $136,000 or lower, this number is then divided based upon the proportion of each parent’s net income to the combined income of both parents.

If the parents’ combined income exceeds $136,000, the court can then decide whether to apply the same formula to the income above $136,000.

Spouses may also be required to pay for other child care, education and medical expenses for the children in addition to the basic child support obligation.

Find more information on Child Support here.

Posted in: Common Child Custody & Support Questions, Common Financial, Child & Spousal Support Questions