What Is the Formula for Child Support Under NY State Law?


Quick Answer

As of 2015, New York state law stipulates that the percentage of a non-custodial parent's income for child support is 17 for one child, according to NYC Department of Social Services. The support is determined based on net income, minus tax, Medicare and FICA deductions.

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Full Answer

Non-custodial parents with two children pay 25 percent of their net income for child support, 29 percent for three children, 31 percent for four children and 35 percent for five or more children, as of 2015, according to the NYC Department of Social Services. Earnings for disability payments, unemployment insurance, pensions, social security and worker's compensation may be considered as income and factored into the child support calculations. Child support orders can be monthly, bimonthly, weekly or biweekly as determined by the courts.

Child support orders may also order the non-custodial parent to pay all or a portion of health insurance and payments and out-of-pocket medical expenses for children, according to the NYC Department of Social Services. Child care expenses may also be added to the child support order if the custodial parent is attending school or working.

If the non-custodial parent's income is below the federal poverty level, child support may be reduced below the standard percentages at the court's discretion, according to the NYC Department of Social Services.

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