New York Child Support — Calculator, Laws & Guide (2026)

Understanding New York child support laws helps both custodial and non-custodial parents know their rights and obligations. This comprehensive New York child support guide covers how payments are calculated, what income counts, when support can be modified, and how orders are enforced. Whether you are going through a divorce, seeking a modification, or dealing with non-payment, this guide explains New York’s child support system in plain language.

Verified against New York statutes and federal OCSE guidelines as of May 2026.

New York Child Support Overview

New York uses the income shares model for calculating child support. This model is based on the principle that children should receive the same proportion of parental income they would have received if the family were intact. Both parents’ incomes are combined, and the support obligation is divided proportionally.

The court combines both parents’ gross incomes, subtracts allowable deductions (FICA, Medicare, NYC/Yonkers taxes, support paid for other children) to arrive at combined parental income. A statutory percentage is applied based on the number of children: 17% for one child, 25% for two children, 29% for three children, 31% for four children, and no less than 35% for five or more children. This percentage applies to combined income up to 193000 (as of March 1, 2026). For income above 193000, the court may apply the same percentages or consider other statutory factors. Each parent’s share of the basic obligation is prorated by their percentage of the combined income. Add-on expenses (childcare, healthcare, educational) are then allocated pro rata on top of the basic obligation. The self-support reserve is 21546 as of March 1, 2026, meaning the non-custodial parent’s income after paying support cannot fall below the federal poverty level for a single person (15960 as of March 2026).

How New York Calculates Child Support

The New York child support calculation considers multiple factors:

1. Determine each parent’s gross income — wages, salary, commissions, bonuses, self-employment income, investment income, and other sources.
2. Calculate combined parental income — add both parents’ adjusted gross incomes together.
3. Apply the guideline schedule — New York’s guidelines provide a base support amount based on combined income and number of children.
4. Prorate between parents — each parent’s share is proportional to their percentage of the combined income.
5. Add healthcare and childcare costs — these are added to the base amount and divided proportionally.
6. Apply adjustments — parenting time credits, other child obligations, and special circumstances may adjust the final amount.

Online calculator: Use our child support estimator below to calculate your estimated obligation.

What Counts as Income in New York

Gross income from all sources. Includes wages, salary, tips, commissions, overtime, bonuses, self-employment income (net of ordinary and necessary business expenses), investment income (dividends, interest, capital gains), rental income, Social Security benefits, pensions, retirement benefits, workers’ compensation, disability benefits, unemployment insurance benefits, veterans benefits, fellowships, stipends, annuity payments, trust distributions, and virtually all other money received from any source. Allowable deductions from gross income to calculate adjusted gross income include: FICA Social Security taxes actually paid, FICA Medicare taxes actually paid, New York City or Yonkers income/earnings taxes actually paid, child support or spousal support actually paid pursuant to a court order or written agreement for other dependents, and public assistance/supplemental security income received.

Imputed income: YES. If a court determines that a parent is voluntarily unemployed or underemployed without good reason, it may impute income based on that parent’s earning capacity rather than actual income. Courts consider work history, education level, job skills, training, earning potential, past employment, job opportunities, health, ability level, role in caring for the child, and attempts to find work. Legitimate reasons for reduced income (documented disability, caring for a young child, job loss due to downsizing) may prevent imputation. The burden of proof is generally on the party seeking imputation, but if a parent fails to provide required financial documentation, the burden may shift to that parent to prove their actual income.

Deviation factors: New York Family Court Act § 413(1)(f) lists 10 factors courts must consider when the guideline amount would be unjust or inappropriate: (1) The standard of living the child would have enjoyed had the household not been dissolved. (2) The non-monetary contributions the parents will make toward the care and well-being of the child. (3) The financial resources of both parents. (4) The standard of living and current financial resources of the child. (5) A determination that the gross income of one parent is substantially less than the other parent’s gross income. (6) The tax consequences to each parent. (7) The needs of other children the non-custodial parent is supporting (if not already deducted), considering the financial resources of any other person obligated to support those children. (8) The educational needs of either parent or the child. (9) Extraordinary expenses incurred by the non-custodial parent in exercising visitation, or expenses incurred in extended visitation where the custodial parent’s expenses are substantially reduced (provided the child is not on public assistance). (10) Any other factors the court determines are relevant.

Healthcare & Childcare in New York Child Support

Health insurance: Health insurance costs for the children are a mandatory add-on expense allocated pro rata based on each parent’s share of combined parental income. Insurance is not considered “available” and “reasonable in cost” if it exceeds 5% of the parent’s gross income. Unreimbursed medical expenses exceeding 250 per year per child are also pro-rated between parents in the same proportion as each parent’s income to the combined parental income. The cost of health insurance premiums attributable to the children is added on top of the basic child support obligation.

Childcare costs: Reasonable childcare costs necessary for the custodial parent to work, seek work, or attend school/training leading to employment are a mandatory add-on expense. These may include daycare, after-school programs, and babysitters. Childcare costs are allocated pro rata in proportion to each parent’s share of the combined parental income, added on top of the basic child support obligation.

When Does New York Child Support End?

In New York, child support generally ends when the child reaches 21. In New York, a child is entitled to parental support until age 21. A child may be emancipated before 21 if the child marries, becomes self-supporting (full-time employment, not summer/vacation jobs), enters the military, completes four years of college, or leaves the parental home and refuses to obey reasonable parental commands (ages 17-21). A financially dependent child is not considered emancipated.. However, support may continue or end earlier based on:

• The child graduates from high school (if still a minor)
• The child becomes emancipated (marriage, military service, self-supporting)
• The child has special needs requiring ongoing support
• College support: YES. New York courts have discretion to order parents to contribute to college and educational expenses for children under 21. The statute authorizes courts to direct a non-custodial parent to pay educational expenses as awarded, in a manner determined by the court, including direct payment to the educational provider. There is no specific statutory percentage formula for dividing college costs; courts consider both parents’ complete financial circumstances including income, reasonable expenses, and financial resources such as savings and investments. Courts may also direct a parent to establish a security account (trust, annuity) designated for the child’s future educational needs.

Modifying New York Child Support

When to modify: A child support order may be modified based on: (1) A substantial change in circumstances since the order was entered or last modified. (2) If the order was entered or last modified on or after October 13, 2010: three years have passed since the order was entered, last modified, or adjusted. (3) Either parent’s gross income has changed by 15% or more since the order was entered, last modified, or adjusted. Additionally, the Child Support Program automatically reviews each child support order every two years to determine whether the amount should be increased due to a cost-of-living adjustment (COLA). An upward modification may be retroactive to the date of the application. Courts may not reduce or annul child support arrears that accrued before a modification application was made.

How to modify: Either parent may file a petition to modify child support in Family Court or, if the support order was part of a divorce judgment, in Supreme Court. Alternatively, parents can contact their local Child Support Enforcement Unit (CSEU) or the New York State Division of Child Support Services (DCSS) to request a review and adjustment. For orders managed through the child support program, DCSS can conduct an administrative review. COLA adjustments are handled automatically by the child support program every two years without requiring a petition.

Either parent can request a modification. Changes are typically not retroactive to before the date of filing the modification request.

New York Child Support Enforcement

New York has multiple tools to enforce child support orders when a parent fails to pay:

• Income Execution (IEX) — automatic wage withholding from employer; Unemployment Insurance Intercept — deductions from unemployment benefits; Federal and State Income Tax Refund Offset — intercept of tax refunds for overdue support; Credit Bureau Reporting — reported when account is 2+ months past due or arrears exceed 1000; Driver’s License Suspension — when account is 4+ months past due; Professional/Business/Recreational License Suspension — when account is 4+ months past due; Passport Denial — federal passport denied
• revoked
• or restricted when arrears exceed 2500; Property Execution — levy against personal property; Liens — filed against real or personal property when account is 4+ months past due; Lottery Intercept — winnings intercepted for overdue support; Bank Account Levy; Contempt of Court — willful failure to pay may result in jail time up to 6 months; Judgment by Operation of Law — support arrears automatically become money judgments. Notice is sent to the non-custodial parent before administrative enforcement actions are taken.

Contact New York State Division of Child Support Services (DCSS), within the Office of Temporary and Disability Assistance (OTDA), working jointly with 58 local district Child Support Enforcement Units (CSEUs) at https://childsupport.ny.gov/ for enforcement assistance.

Additional New York rules: New York applies CSSA percentages to combined parental income up to a statutory cap that is adjusted biennially based on CPI-U; the cap increased to 193000 effective March 1, 2026. For income above the cap, courts have discretion to apply the CSSA percentages, consider the 10 statutory deviation factors, or both. The self-support reserve (21546 as of March 2026) ensures the non-custodial parent retains at least the poverty-level income. If the non-custodial parent’s income is at or below the poverty level, the court may order 25 per month. New York requires that any agreement deviating from CSSA guidelines must include a statement that the parties were advised of the CSSA provisions, the basic obligation amount, and the reasons for deviation. New York also has a Support Collection Unit (SCU) that processes all payments through the state disbursement unit, and income withholding orders are sent directly to employers.

Official Sources & Resources

• New York State Division of Child Support Services (DCSS), within the Office of Temporary and Disability Assistance (OTDA), working jointly with 58 local district Child Support Enforcement Units (CSEUs): https://childsupport.ny.gov/
• Federal OCSE: acf.hhs.gov/css
• Cornell LII — Child Support: law.cornell.edu
• New York Guidelines Statute: New York Domestic Relations Law § 240(1-b) (Supreme Court/divorce proceedings) and New York Family Court Act § 413 (Family Court proceedings). These are mirror statutes containing the Child Support Standards Act (CSSA). The combined parental income cap and self-support reserve are updated biennially by the Office of Temporary and Disability Assistance pursuant to Social Services Law § 111-i.

Last verified May 2026. Contact us if you notice outdated information.

Estimate Your Child Support

Use our free child support estimator to calculate estimated monthly payments. Enter both parents’ incomes, number of children, and custody arrangement to see a personalized breakdown based on your state’s formula.

Related Guides

• New York Divorce Process Guide
• New York Child Custody Guide
• New York Alimony Guide
• All Child Support Guides