How is Child Support in New York Calculated?

In the state of New York, child support is calculated using the NY child support calculator formula. The New York government website offers an online calculator that can help you determine how much child support you will be responsible for. This formula factors each parent’s proportion of total income as well as pre-determined ratios required to be dedicated to child support. Below is a breakdown of each step of the formula and an example of the calculation. To speak with an experienced child support lawyer in New York City, call (212) 537-5859.

Step 1: Establish the total income of both parents

The first step is to determine the total combined income of both parents. This step is straightforward, and the courts simply add together the gross income of both parents based on the tax returns of the most recent year of filing.

Step 2: Subtract all relevant deductions from the total income

Next, the courts will adjust the total combined gross income by subtracting all applicable deductions.

Some of the common items that are often deducted from total income are:

• Alimony or child support paid to spouses that are outside the action in question
• Public assistance
• Supplemental security income
• City income taxes
• FICA taxes

Step 3: Determine the percentage of income to allocate to child support based on the number of children

In the New York State, the courts set out child support guidelines based on a percentage of the adjusted total income of both parents. This percentage is scaled up depending on the number of children who are in the family.

Here is a breakdown of these figures:

• One child: 17%
• Two children: 25%
• Three children: 29%
• Four children: 31%
• Five or more children: 35%

Step 4: Establish the pro-rata share of child support for each parent

Once the total amount of child support is calculated from step 3, the next step is to determine each parent’s portion of the support payments. The courts will assign a pro-rata share of the total child support based on each parent’s proportion of the total adjusted income – typically paid on a per month basis. This is done by dividing each parent’s contribution by the total adjusted income. Parents who are higher earners will therefore be responsible for a higher proportion of child support. Income can also play a part in determining the custodial and non-custodial parent.

Additional Expenses

This calculation covers basic child support and does not factor in expenses such as daycare and medical bills. These are typically shared equally between the parents unless ordered otherwise by the courts.

Example:

1. Parent A and Parent B have two children.
2. Parent A’s adjusted annual income is $50,000
3. Parent B’s adjusted annual income is $30,000
4. The total adjusted annual income of both parents is $80,000
5. Based on state law, A and B’s total child support obligation for two children is $12,500
6. Parent A’s percentage of the total income is 62.5% ($50,000/$80,000)
7. Parent A’s pro-rata share of the child support is $7,812.50 ($12,500 * 62.5%)
8. Parent B’s percentage of the total income is 37.5% ($30,000/$80,000)
9. Parent B’s pro rata share of the child support is $4,687.5 ($12,500 * 37.5%)

In cases of high-net-worth divorce, this formula can vary based on other additional factors.

Determining the responsibility of child support between parents can be a stressful process. Juan Luciano and his team have over of decade of experience handling all matters of family law. If you require legal advice or are facing any issues with child support, call Juan Luciano law firm today (212) 537-5859.

 

 

 

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