New York does place a cap on child support in New York, but it caps the income the automatic formula runs on, not the total a court can order. As of March 1, 2026, the Child Support Standards Act formula applies to the first $193,000 of combined parental income.1New York State Unified Court System. Whats New in Matrimonial Legislation, Court Rules and Forms Above that line, a judge decides whether to keep applying the same percentages, set a different amount, or do some of both. In higher-income cases, the total obligation regularly exceeds what the formula alone would produce.
What the $193,000 Cap Actually Limits
The figure is a threshold for the automatic calculation, not a ceiling on what a parent can owe. It took effect on March 1, 2026, up from $183,000 in 2024, and New York adjusts it every two years based on the Consumer Price Index for urban consumers, so it will move again in 2028.1New York State Unified Court System. Whats New in Matrimonial Legislation, Court Rules and Forms
Treating the cap as a hard limit on your obligation is a common misconception that leads to unpleasant surprises in court.2New York State Unified Court System. New York Domestic Relations Law 240 – Child Support Adjustment Factors Combined parental income above $193,000 is not off-limits; it just isn’t governed by the formula automatically.
How Basic Support Is Calculated Up to the Cap
The Child Support Standards Act, codified in Family Court Act §413 and Domestic Relations Law §240, adds both parents’ incomes together and applies a fixed percentage based on the number of children:3New York State Senate. New York Family Court Act 413 – Parents Duty to Support Child
- One child: 17% of combined parental income
- Two children: 25%
- Three children: 29%
- Four children: 31%
- Five or more children: at least 35%
Each parent’s share of that total is proportional to their share of combined income. If you earn 70% of the combined income, you pay 70% of the basic obligation. The custodial parent’s share is assumed to be spent directly on the child through day-to-day care.
For one child, 17% of $193,000 is roughly $32,810 per year before the court splits the obligation between parents. More children, higher figure. That’s the baseline the formula produces at the cap.
How Judges Handle Income Above the Cap
When combined income crosses $193,000, the court has three options: apply the CSSA percentages straight through to the excess, set a different amount after weighing the family’s circumstances, or combine the two approaches.4New York State Office of Child Support Services. Child Support Standards Chart In practice, many courts do apply the percentages well past the cap, particularly when the children’s needs and the family’s pre-separation lifestyle support a higher figure.
Factors judges weigh on above-cap income include:
- The overall financial resources of both parents and the child
- The child’s physical and emotional health, aptitudes, and any special needs
- The standard of living the child would have had if the family remained intact
- Tax consequences to each parent
- Non-monetary contributions such as caregiving time
- Any significant disparity between the parents’ incomes
Income itself is defined broadly. The starting point is gross income from your most recent federal return, but the calculation also pulls in investment income, workers’ compensation, disability benefits, unemployment insurance, Social Security, veterans’ benefits, pensions, retirement payments, fellowships, stipends, and annuity payments.3New York State Senate. New York Family Court Act 413 – Parents Duty to Support Child Courts can impute income to a parent who is voluntarily unemployed or underemployed, and they can count the value of employer-provided perks like company cars, free housing, and club memberships, along with money or support provided by relatives and friends.
Add-Ons That Sit on Top of Any Obligation
The CSSA percentages cover basic support only. Three categories of additional costs are mandatory and get split between parents in the same income proportion as basic support:3New York State Senate. New York Family Court Act 413 – Parents Duty to Support Child
- Childcare costs incurred while the custodial parent works or attends school or vocational training that leads to employment
- Premiums for the child’s health insurance
- Unreimbursed medical, dental, and related expenses not covered by insurance
If you earn 60% of the combined income, you pay 60% of these add-ons on top of your share of the basic obligation. The cap on combined income doesn’t apply to add-ons in the same way; they follow actual costs.
When Courts Deviate From the Formula Below the Cap
Even on income under $193,000, a judge can order more or less than the formula produces if applying it would be unjust or inappropriate. The court weighs the same factors listed for above-cap income, plus the educational needs of either parent, extraordinary visitation expenses for the non-custodial parent, and the needs of other children the non-custodial parent supports outside the current case.2New York State Unified Court System. New York Domestic Relations Law 240 – Child Support Adjustment Factors
When the court deviates, it must issue a written order stating what the formula amount would have been, which factors it considered, and why it chose a different number.5New York State Senate. New York Domestic Relations Law 240 The same disclosure requirement applies when parents agree to a different amount in a stipulation or settlement.
The Floor for Low-Income Parents
The cap has a counterpart at the bottom. The self-support reserve for 2026 is $21,546, and the federal poverty level for a single person is $15,960.1New York State Unified Court System. Whats New in Matrimonial Legislation, Court Rules and Forms When the non-custodial parent’s income is at or below the poverty level, courts typically order a nominal amount instead of a percentage-based obligation. Between the poverty level and the self-support reserve, the obligation is reduced so the parent retains enough to cover basic living expenses. Both thresholds are adjusted alongside the income cap every two years.
How Long the Obligation Lasts
One boundary worth knowing when you’re sizing up total exposure: New York child support runs until the child turns 21, not 18.3New York State Senate. New York Family Court Act 413 – Parents Duty to Support Child It can end earlier if the child is emancipated through marriage, full-time military service, or becoming self-supporting, but turning 18 or starting college does not end it. When you’re calculating what a support order will cost over its lifetime, count through age 21.