Child Support in New York

Under New York law both parents must contribute to the financial support of their children. The parent who does not have primary physical custody of a child generally pays support to the custodial parent if the child is under twenty one years old.

To calculate the amount of child support, a court will determine each parent's net income, which is gross income minus certain deductions including alimony payments, support paid to other children, and taxes. A formula is then applied to determine the applicable child support obligation. Although courts will generally adhere to the child support formula, they have discretion to change the amount of support if it is found to be unjust or inappropriate based on the following factors:

  • The financial resources of the parent who has custody, the non-custodial parent, and the child
  • The physical and emotional health of the child and his/her special needs and aptitudes
  • The standard of living the child would have had if the marriage had not been dissolved
  • The tax consequences to the parties
  • The non-monetary contributions the parents will make to the child’s care and well-being
  • The educational needs of either parent
  • Whether one parent’s income is substantially less than the other parent's income
  • The needs of any other children for whom the non-custodial parent is providing support
  • Any expenses incurred by the non-custodial parent in exercising his/her visitation rights or as a result of extended visitation, but only to the extent the custodial parent's expenses are substantially reduced as a result
  • Any other factors the court determines are relevant

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