In New York, child support is not a fixed dollar amount but is calculated based on specific guidelines that consider the parents' combined gross income and the number of children. The exact amount will therefore vary depending on individual financial circumstances.
New York Child Support Guidelines
New York's child support guidelines outline a percentage of the parents' combined gross income that should be allocated for child support. These percentages increase with the number of children:
| Number of Children | Percentage of Combined Gross Income |
|---|---|
| 1 Child | 17% |
| 2 Children | 25% |
| 3 Children | 29% |
These percentages apply to the parents' combined income up to a certain cap, which is periodically updated by the state. Income above this cap may also be subject to child support, but it is typically at the discretion of the court, considering various factors related to the children's needs and the parents' financial capacity.
How is Child Support Calculated?
To determine the guideline amount of child support, the following steps are generally followed:
- Determine Gross Income: Each parent's gross income is identified from all sources, including salaries, wages, bonuses, commissions, self-employment income, and certain benefits.
- Calculate Combined Gross Income: The gross incomes of both parents are added together to arrive at the combined parental income.
- Apply the Statutory Percentage: The appropriate percentage (17% for one child, 25% for two, 29% for three, etc.) is applied to the combined parental income (up to the statutory cap).
- Allocate Proportionately: The resulting child support amount is then prorated between the parents based on their individual share of the combined income. For example, if Parent A earns 60% of the combined income and Parent B earns 40%, Parent A would generally be responsible for 60% of the total child support obligation.
Practical Example
Let's consider an example to illustrate how child support might be calculated for two children:
- Parent A's Gross Income: \$60,000 per year
- Parent B's Gross Income: \$40,000 per year
- Number of Children: 2
- Combined Gross Income: \$60,000 + \$40,000 = \$100,000
- Applicable Percentage (for 2 children): 25%
- Guideline Child Support Amount: 25% of \$100,000 = \$25,000 per year
- Individual Shares:
- Parent A's share of income: \$60,000 / \$100,000 = 60%
- Parent B's share of income: \$40,000 / \$100,000 = 40%
- If Parent B is the custodial parent, Parent A would likely pay 60% of the \$25,000, which is \$15,000 per year, or approximately \$1,250 per month. If Parent A is the custodial parent, Parent B would pay 40% of the \$25,000, which is \$10,000 per year, or approximately \$833 per month.
It's important to note that while these guidelines provide a framework, courts can deviate from them if the calculated amount is deemed unjust or inappropriate, considering various factors such as the child's needs, the parents' resources, and other relevant circumstances.
