New York Child Support Laws
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Child Support Guidelines.
To calculate the basic child support obligation, the parents' combined net income should be multiplied by the following percentages:

For 1 child - 17%
2 children- 25%
3 children - 29%
4 children - 31%
5 or more children - no less than 35%

The basic child support obligation shall then be divided between the parents in proportion to their respective incomes.

 

Net Income.
To determine net income, the following should be deducted from the parents' gross income:

(A) unreimbursed employee business expenses, except to the extent the expenses reduce personal expenditures,

(B) alimony or maintenance actually paid,

(C) child support actually paid,

(D) public assistance,

(E) supplemental security income,

(F) New York city or Yonkers income or earnings taxes actually paid, and

(G) federal insurance contributions act (FICA) taxes actually paid.

 

Expenses in Addition to the Basic Child Support Obligation.
Allowable child care expenses or uninsured medical expenses can be divided between the parents in proportion to their income, then added to the basic child support obligation.

 

College Expenses.
The court may award educational expenses if it determines, based on the circumstances of the case and of the parties and the best interests of the child, that the award is appropriate.

 

Deviation from Child Support Guidelines.
The court presumes that the amount of child support calculated under the guidelines is the amount that should be ordered, unless it finds that the basic child support obligation is unjust or inappropriate, based upon consideration of the following factors:

(1) The financial resources of the custodial and non-custodial parent, and those of the child;

(2) The physical and emotional health of the child and his/her special needs and aptitudes;

(3) The standard of living the child would have enjoyed had the marriage or household not been dissolved;

(4) The tax consequences to the parties;

(5) The non-monetary contributions that the parents will make toward the care and well-being of the child;

(6) The educational needs of either parent;

(7) A determination that the gross income of one parent is substantially less than the other parent`s gross income;

(8) The needs of the non-custodial parent's other children, whose support has not already been deducted from the non-custodial parent's income, and the financial resources of any person obligated to support those children, provided, however, that this factor may apply only if the resources available to support those children are less than the resources available to support the children in question;

(9) Provided that the child is not on public assistance, extraordinary expenses incurred by the non-custodial parent in exercising visitation, or expenses incurred by the non-custodial parent in extended visitation provided that the custodial parent`s expenses are substantially reduced as a result; and

(10) Any other factors the court determines are relevant in each case.

 

Learn more about general child support laws.

 

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Other pages on New York divorce laws:
General New York Divorce Laws
Alimony Divorce Laws in New York
New York Child Custody Laws
New York Child Support Laws
New York Laws on Property Division

 

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This information has been summarized from the New York statutes. You can find the full-text version of these and other New York divorce statutes online here: New York Divorce Laws.