When parents separate or divorce, one of the most important financial issues they must resolve is child support. At The Meyers Law Group, P.C., we regularly help clients throughout New York understand their rights and obligations under the New York Child Support Standards Act (CSSA).
The CSSA was enacted in 1989 to bring consistency, fairness, and predictability to child support determinations. At its core, the law reflects a simple principle: both parents share a continuing financial responsibility to support their children, and children should maintain access to the financial resources of both households after separation or divorce.
What Is Child Support in New York?
Child support is a financial contribution paid for the care, maintenance, education, and overall well-being of an unemancipated child.
Under New York law, child support is generally divided into two main categories:
1. Basic Child Support
2. Add-On Expenses
Basic child support refers to the regular payments made by the noncustodial parent to the custodial parent. These payments are intended to cover a child’s everyday needs, including housing, food, clothing, transportation, and other routine expenses.
In addition to basic support, parents may also be responsible for certain add-on expenses, which can include:
- Health insurance and unreimbursed medical costs
- Childcare expenses required for work or education
- Educational expenses, including college costs in appropriate circumstances
- Other extraordinary expenses as determined by the court
How Is Child Support Calculated in New York?
One of the most common questions we hear at The Meyers Law Group, P.C. is:
“How much child support will I have to pay or receive?”
The answer begins with the statutory formula established under the CSSA.
Step 1: Determine Combined Parental Income
The court first calculates both parents’ combined income. For 2026, the statutory income cap is $193,000.
Step 2: Apply the Statutory Percentage
The combined parental income is then multiplied by a percentage based on the number of children:
- One child: 17%
- Two children: 25%
- Three children: 29%
- Four children: 31%
- Five or more children: at least 35%, subject to judicial discretion
Step 3: Allocate Support Proportionately
Once the total support obligation is calculated, it is divided between the parents based on each parent’s share of the combined income. Typically, the noncustodial parent pays their proportionate share to the custodial parent.
What Happens When Income Exceeds the Statutory Cap?
Many clients we work with are business owners, executives, professionals, and high-net-worth individuals whose combined income exceeds the statutory cap.
When income is above $193,000, the court has discretion to award additional child support beyond the guideline amount. In making that determination, courts may consider:
- The standard of living the child would have enjoyed if the family remained intact
- Each parent’s financial resources
- The child’s needs
- The specific circumstances of the case
These high-income cases are often among the most complex and heavily litigated child support matters in New York.
How Does the Court Determine Income?
Child support calculations typically begin with each parent’s most recent tax return. Courts rely on actual income whenever possible.
However, income determination is not limited to tax filings. If a parent is self-employed, owns a business, underreports income, or receives significant non-taxable benefits, the court may impute income based on evidence of true earning capacity.
Income that may be considered includes:
- Salary and wages
- Bonuses and commissions
- Business income
- Rental income
- Pension distributions
- Profit-sharing distributions
- Investment income
- Certain fringe benefits and perks
An experienced attorney can often identify additional income sources that significantly impact the final child support calculation.
Maintenance and Child Support
When spousal maintenance (alimony) is involved, it can directly affect child support calculations. Maintenance payments are generally factored into the overall financial picture, and the interaction between the two obligations can significantly impact the final support amount.
Careful analysis is essential to ensure both obligations are calculated correctly and fairly.
Child Support Is More Than Just a Formula
Although the CSSA provides a structured framework, child support is rarely a simple formula-based calculation. Every family situation is different.
Factors such as shared custody arrangements, private school tuition, healthcare needs, extracurricular activities, and high-income considerations can all influence the final outcome.
At The Meyers Law Group, P.C., we work closely with parents across New York to ensure child support determinations are accurate, fair, and reflective of each family’s unique financial reality.
Speak With an Experienced New York Child Support Attorney
Whether you are seeking child support, responding to an excessive request, modifying an existing order, or navigating a high-net-worth divorce, experienced legal guidance can make a meaningful difference.
The Meyers Law Group, P.C. represents clients throughout New York in divorce, custody, child support, and family law matters. Our focus is protecting your financial interests while prioritizing the well-being of your children.
⚖️ You deserve experienced representation.
The Meyers Law Group, P.C. handles all divorce and family law matters. Call today for your FREE consultation.
👩⚖️ Natasha Meyers, Esq.
☎️ (631) 784-7722
🌐 www.bestnewyorkdivorce.com
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