Child support for one child in New York is 17% of the parents’ combined adjusted income, applied up to a combined income cap of $193,000 as of 2026.1New York State Division of Child Support Services. Child Support Standards Chart That figure is the “basic child support obligation” under the Child Support Standards Act (CSSA), and it is divided between the parents in proportion to what each earns. The non-custodial parent pays their share to the custodial parent.
A Worked Example
Say one parent earns $70,000 and the other earns $30,000. Combined income is $100,000. Multiply by 17% and the basic obligation is $17,000 per year. The higher earner is responsible for 70% of that ($11,900 per year), and the lower earner covers the remaining 30% ($5,100 per year). If the higher-earning parent is the non-custodial parent, that parent pays roughly $992 a month.
Joint custody does not change the math on its own. Both incomes still go into the formula, and New York does not automatically reduce the obligation because the child spends significant time with the other parent.2NYCOURTS.GOV. Child Support Determining the Amount Under the CSSA A judge can consider extraordinary visitation costs as a reason to adjust, but the starting point is the same 17%.
What Counts as Income
The court builds each parent’s income from the most recent federal tax return. Income is broader than a paycheck. It includes:
- Wages and salary
- Workers’ compensation and disability benefits
- Social Security benefits
- Unemployment insurance
- Investment income, including interest and dividends
- Pensions and retirement benefits
- Fellowships and stipends
From gross income the court subtracts a limited set of deductions to reach adjusted income: FICA taxes, New York City or Yonkers income taxes, child support already paid for other children under a court order, and spousal maintenance paid under a separate order.2NYCOURTS.GOV. Child Support Determining the Amount Under the CSSA Federal income tax is not on that list.
If a parent is voluntarily unemployed or deliberately earning less to shrink the support number, the court can impute income based on earning capacity instead of actual earnings. A judge looks at education, work history, and the job market. Simply being out of work is not enough; the question is whether the parent is suppressing income in bad faith.
When Combined Income Is Above $193,000
The 17% rule is required only up to $193,000 in combined parental income. That cap adjusts every two years with the Consumer Price Index and rose from $183,000 to $193,000 on March 1, 2024.3NYCOURTS.GOV. Whats New in Matrimonial Legislation, Court Rules and Forms
For income above the cap, the judge has discretion. The court can apply the same 17% rate to the excess, use a different percentage, or turn to statutory factors such as each parent’s financial resources, the child’s needs, and the standard of living the child would have had if the household had stayed together.4NYCourts.gov. Child Support Adjustment Factors Two families with the same very high income can end up with quite different orders.
When the Paying Parent’s Income Is Low
New York protects a minimum standard of living for the paying parent through the self-support reserve. For 2026, the reserve is $21,546, which is 135% of the federal poverty guideline for a single person ($15,960).1New York State Division of Child Support Services. Child Support Standards Chart How it works depends on where the non-custodial parent’s income sits:
- Income below $15,960: the court typically sets a minimum order of $25 or $50 per month instead of applying the full 17%.
- Income between $15,960 and $21,546: the 17% formula applies, but the order cannot push the parent’s remaining income below the poverty guideline.
- Income above $21,546: the standard 17% applies without restriction.
Costs Added on Top of the 17%
The basic obligation covers everyday costs like food, clothing, and shelter. Certain other expenses are ordered separately and split between the parents in the same income-based proportion.
The court is required to address these:2NYCOURTS.GOV. Child Support Determining the Amount Under the CSSA
- Health insurance premiums for the child
- Unreimbursed medical, dental, and prescription expenses
- Childcare costs while the custodial parent is working, in school, or in vocational training
A judge may also order the parents to share other costs, such as private school tuition, college expenses, and extracurricular activities like sports, music lessons, or summer camp. So the total a non-custodial parent actually pays each month is often the 17% share plus a proportional share of these add-ons.
When a Judge Can Depart From the Formula
The CSSA number is presumptive, meaning the court treats it as correct unless there is a specific reason to adjust. A judge can set a different amount based on ten statutory factors:4NYCourts.gov. Child Support Adjustment Factors
- The financial resources of each parent and the child
- The child’s physical and emotional health, special needs, or aptitudes
- The standard of living the child would have had if the household stayed together
- Tax consequences for each parent
- Non-monetary contributions each parent makes to the child’s care
- The educational needs of either parent
- A substantial gap between the parents’ incomes
- The non-custodial parent’s obligations to other children not covered by the current case
- Extraordinary visitation costs, or extraordinary childcare and health insurance costs
- Any other factor the court finds relevant
If the judge departs from the formula, the order has to spell out which factors were considered and why the standard number was not appropriate.
How Long the Payments Last
In New York, child support runs until the child turns 21 or becomes emancipated, whichever comes first.5NYCourts.gov. Emancipated Child A child under 21 is generally considered emancipated if they:
- Get married
- Join the military
- Complete four years of college
- Turn 18 and work full-time (summer or vacation jobs don’t count)
- Permanently leave home and end the relationship with both parents without good cause
Emancipation is not always permanent. A child who was once emancipated can become dependent on the parents again before turning 21, which can restart the support obligation.5NYCourts.gov. Emancipated Child For a parent trying to estimate the full cost of an order, that 21st birthday is the relevant horizon, not 18.