New York Child Support Laws: Guidelines and Calculations

How to Apply for Child Support in New York

Any parent, guardian, or caretaker in New York can apply for child support services. The New York Division of Child Support Services (DCSS) administers the child support program statewide under the Office of Temporary and Disability Assistance (OTDA).

You can apply through several methods:

• Download the application form (LDSS-5143) and mail it to your local child support office
• Apply online through the DCSS portal
• Call the DCSS helpline at 888-208-4485
• Visit your local family court or contact a family law attorney

The DCSS provides a wide range of services. These include locating non-custodial parents, establishing paternity, setting up support orders, collecting payments, processing modifications, establishing medical support, and enforcing existing orders.

Keep these details in mind when applying:

• The annual service fee is $35, which applies after the obligor pays more than $500 in support during the year
• The custodial parent pays this service fee annually
• If either parent moves to another state, you must notify the DCSS promptly
• Families receiving Temporary Assistance for Needy Families (TANF), Medicaid, or foster care services automatically qualify for child support services

Documents You Will Need

When filing for child support, gather as much information as possible about the other parent:

• Social Security number
• Last known home address and employer information
• Income documentation such as pay stubs and tax returns
• Health insurance information
• Children's birth certificates
• Any existing court orders including divorce decrees, custody orders, or prior support orders

How Child Support Is Calculated in New York

New York uses the Child Support Standards Act (CSSA) to calculate child support obligations. The CSSA is codified in two parallel statutes: Domestic Relations Law (DRL) Section 240(1-b) for divorce cases and Family Court Act (FCA) Section 413 for family court cases.

The calculation follows a step-by-step formula:

1. The court determines each parent's gross income from all sources.
2. Allowable deductions are subtracted. These include FICA taxes (Social Security and Medicare), New York City or Yonkers income taxes where applicable, and certain other deductions.
3. The result is each parent's adjusted gross income.
4. Both parents' adjusted gross incomes are combined to get the combined parental income.
5. The CSSA percentage is applied to the combined income up to the statutory cap.
6. Each parent's share of the basic obligation is proportional to their percentage of the combined income.
7. The non-custodial parent pays their pro rata share to the custodial parent.

CSSA Percentage Table

The percentage applied depends on the number of children covered by the order:

Number of Children	CSSA Percentage
One child	17%
Two children	25%
Three children	29%
Four children	31%
Five or more children	35% or more

Self-Support Reserve

New York law protects low-income parents from support orders that would push them below the poverty line. If the non-custodial parent's income minus the child support obligation falls below the self-support reserve, the court reduces the order.

As of March 1, 2026, the self-support reserve is $21,546 per year. The federal poverty level income for a single person is $15,960.

If the non-custodial parent's income is at or below the poverty level, the minimum order is $25 per month.

Add-On Expenses

Beyond the basic CSSA calculation, courts may order parents to share additional expenses. Mandatory add-ons include the child's share of health insurance premiums and unreimbursed medical expenses exceeding $250 per year. Courts also have discretion to order contributions to child care costs needed for the custodial parent's employment or education.

Under DRL Section 240(1-b)(c)(7), courts may also order discretionary add-ons. These can include private school tuition, college education costs, extracurricular activities, and other expenses that serve the child's best interests.

Resources for calculating child support:

• Official New York Child Support Calculator (NYC HRA)
• Child Support Standards Chart (LDSS-4515)

Income Cap Updates: 2024 to 2028

New York law requires the CSSA income cap to adjust every two years based on changes in the Consumer Price Index for All Urban Consumers (CPI-U).

Current Cap (March 1, 2026 to February 28, 2028)

The combined parental income cap is $193,000. This increased from $183,000, which was in effect from March 1, 2024 through February 28, 2026. The maintenance income cap also increased to $241,000 for the same period.

Previous Cap (March 1, 2024 to February 28, 2026)

The combined parental income cap was $183,000. The maintenance income cap was $228,000.

How the Cap Works

The CSSA percentages automatically apply to combined parental income up to the cap. For income above the cap, the court has discretion in determining whether to apply the CSSA percentages to additional income. The court considers the following factors under FCA Section 413(1)(f):

• The financial resources of both parents and the child
• The physical and emotional health of the child, along with any special needs
• The standard of living the child would have enjoyed if the parents had remained together
• Tax consequences to both parties
• Non-monetary contributions each parent makes toward the child's care
• Educational needs of either parent
• Extraordinary expenses the non-custodial parent incurs for visitation
• Any other factor the court finds relevant

Factors That Affect Child Support Amounts

While the CSSA formula provides a baseline, the court may deviate from the guidelines when applying them would be unjust or inappropriate. The court weighs these factors before ordering a different amount:

• The financial resources available to both parents and the child
• The physical and emotional health of the child and any special needs or aptitudes
• The standard of living the child would have enjoyed had the household remained intact
• Tax consequences to each party
• Non-monetary contributions each parent makes toward the child's upbringing
• Educational needs of either parent that may limit earning capacity
• A significant difference in the parents' gross incomes
• Needs of other children the non-custodial parent supports
• Extraordinary visitation expenses, such as long-distance travel costs
• Any other factor the court determines to be relevant to the child's best interests

If the court orders an amount different from the CSSA calculation, it must state the reasons for the deviation in writing. Both parents must also receive a copy of the Child Support Standards Chart and acknowledge they understand the guideline amount.

College and Educational Expenses

New York courts have the authority to order parents to contribute to a child's college education costs. This is not automatic. Under DRL Section 240(1-b)(c)(7), the court may direct a parent to contribute to post-secondary education expenses as a discretionary add-on to child support.

When deciding whether to order college contributions, courts typically consider:

• The educational backgrounds of both parents
• The parents' history of paying educational expenses for this child or other children
• The child's academic ability and qualifications
• The financial circumstances of both parents
• The child's choice of college and whether it is appropriate given the family's financial situation

There is no absolute right to have the other parent pay for college in New York. However, courts frequently order contributions, especially when the parents have the financial ability to pay. Many divorce agreements and stipulations include specific provisions addressing college costs.

How to Modify Child Support in New York

New York law allows parents to petition the family court to change a child support order when circumstances warrant it. Under FCA Section 451, modification may be granted on any of the following grounds:

• Three years have passed since the order was entered, last modified, or adjusted
• Either parent's gross income has changed by 15% or more since the order was entered or last modified
• There has been a substantial change in circumstances

Common Grounds for Modification

Courts regularly grant modifications based on these situations:

• Involuntary job loss or significant income reduction
• Substantial income increase for either parent
• A change in custody or parenting time arrangements
• A change in the child's needs, such as new medical or educational requirements
• Incarceration of the obligor parent (for orders issued after October 2010, incarceration is not treated as voluntary unemployment under FCA Section 451(3)(e))
• Emancipation of one child from a multi-child order
• Disability or serious illness affecting either parent

Important: Orders issued before October 2010 may treat incarceration as voluntary unemployment. In those cases, modification based on incarceration alone may not be available.

How to File for Modification

To request a modification:

1. Contact the DCSS or your local family court to obtain the necessary forms.
2. File a modification petition with the family court that issued the original order.
3. Serve the other parent with a copy of the petition and a notice of the hearing date.
4. Attend the hearing and present evidence supporting the change.

If both parents agree to the modification, they may sign a stipulation and submit it to the court for approval. The court must still review the agreement to confirm it meets the child's needs.

You can also call the DCSS helpline at 888-208-4485 for assistance with the modification process.

What Happens If You Do Not Pay Child Support

New York takes child support enforcement seriously. The DCSS and courts use multiple administrative and judicial tools to collect unpaid support.

Administrative Enforcement

• Income Withholding: Automatic deductions from wages, unemployment benefits, workers' compensation, and other income sources. This is the primary collection method for most orders.
• Tax Refund Intercept: State and federal tax refunds can be seized to cover arrears.
• Lottery Winnings Intercept: New York State lottery winnings above $600 may be diverted to pay overdue child support.
• Bank Account Seizure: The DCSS may access bank accounts or financial assets to collect past-due support.
• License Suspension: Driver's licenses, professional licenses, and business licenses may be suspended for non-payment.
• Passport Denial: If arrears exceed $2,500, the U.S. State Department may deny or revoke passport applications.
• Credit Bureau Reporting: Unpaid support is reported to major credit agencies, which can affect the obligor's credit score and ability to obtain loans.
• Liens on Property: The state may place liens on real estate and other assets owned by the delinquent parent.
• Add Amount Program: The court may temporarily increase the support order by up to 50% of the original amount until arrears are paid off.

Judicial Enforcement

If administrative methods fail, the receiving parent or the DCSS can file a violation petition with the court. A parent found in willful violation of a child support order faces serious consequences:

• Incarceration for up to six months for civil contempt
• A cash security deposit covering up to three years of future child support payments
• Liens on property until all arrears are paid in full

The court may also refer unemployed or underemployed parents to the Support Through Employment Program (STEP) to help them develop job skills and find employment.

Criminal Non-Support

Willful failure to support a child is a criminal offense in New York under the Penal Law:

• Non-support in the second degree (Penal Law Section 260.05): A Class A misdemeanor punishable by up to one year in jail or three years of probation.
• Non-support in the first degree (Penal Law Section 260.06): A Class E felony punishable by up to four years in prison or five years of probation. This applies when the obligor has previously been convicted of non-support.

The prosecution must prove that the failure to pay was knowing and willful. A parent who genuinely cannot afford to pay due to circumstances beyond their control has a valid defense.

The statute of limitations for enforcement of child support arrears is 20 years from the date of default.

When Does Child Support End in New York

Under FCA Section 413(1)(a), child support in New York generally continues until the child reaches age 21. This is significantly longer than most other states, which terminate support at age 18.

Child support does not terminate automatically when the child turns 21. The non-custodial parent must file a petition with the court to end the obligation.

Support Beyond Age 21

Support may extend beyond 21 in limited circumstances:

• The child support order or separation agreement includes a written provision for extended support, such as college tuition contributions
• The child has special needs that require ongoing financial support
• Both parents agreed in writing to provide support beyond age 21

Early Termination Through Emancipation

Support may end before age 21 if the child becomes emancipated. Under New York law, a child is considered emancipated when they:

• Get married
• Join the United States Armed Forces
• Become economically self-sufficient and live independently
• Voluntarily abandon the parental home and refuse to follow reasonable parental rules (sometimes called "constructive emancipation")

New York does not have a formal statutory process that allows minors to petition a court for emancipation. Instead, emancipation occurs through the life events listed above. If you believe your child is emancipated and want to end support, you must file a petition with the family court. The court will evaluate the specific facts of the case.

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