Child support and custody are two of the most complex aspects of family law. 

Once you determine custody, the non-custodial parent is typically ordered to pay child support for their child. It is important to understand how that is determined.

Here’s what you need to know.

How Much is Child Support for One Child in New York?

The state of New York has set guidelines for the court to use when calculating the amount of child support that the non-custodial parent will pay. It takes into account the number of children who are involved and the non-custodial parent’s income – or in the case of a 50/50 custody agreement, the combined income of both parents.

The standard guideline is a percentage of the parent’s income based on the number of children:

  • 1 child – 17%
  • 2 children – 25%
  • 3 children – 29%
  • 4 children – 31%
  • 5 or more children – 35% (minimum) or more

The basic child support amount is determined by incorporating these percentages and adding in the non-custodial parent’s share of educational expenses, medical expenses, and child care.

Is Child Support Calculated Before or After Taxes in New York?

The first of several criteria for determining child support payments is income. The percentage of both parents’ income that is used in the formula is based on their combined gross income before taxes are deducted. Typically the court will use the latest tax returns that each party filed.

The gross income is taken from all income sources which can include:

  • Full-time employment
  • Part-time employment
  • Self-employment
  • A business owned by the non-custodial parent
  • Disability payments
  • Worker’s compensation benefits
  • Unemployment benefits
  • Pensions
  • Social Security benefits

They can use these sources of income as well as others. Even jobs where the person is paid cash can be included in determining that person’s child support obligation.

Is There a Maximum Amount of Child Support in New York?

While income is used to determine a person’s child support payments, New York has a cap for what is considered “higher earners.” The cap is a fixed sum that is increased per the Consumer Price Index every two years.

The income cap from March 1, 2022, through December 31, 2023, for calculating child support is $163,000. This is an increase from the previous $154,000. If the combined income of both parents exceeds that amount, then the child support payment will only be based on the capped amount and no more when determining child support payment amounts.

Can You Negotiate Child Support in New York?

When the parents are negotiating the terms of their separation agreement, they can negotiate child support and custody. During the divorce, they can include these terms as a stipulation in their divorce decree or their settlement agreement.

The terms of child support and custody can be discussed and negotiated during mediation if the parents can work together and come to an agreement. If they cannot, then it will all be decided in court by the judge.

Even if the parties have agreed on an amount for child support payments, if the judge deems the payments to be inappropriate, he or she may make adjustments.

If the parents are not married, they can file an agreement with the court that outlines the terms of their child support and custody case. If the parents were never married, the father may need to prove paternity in order for the agreement to be enforced if he is a non-custodial parent and stops making payments.

Even with the terms of the child support payments set and agreed upon, either party can at any time file with the court a request for modifications to those payments. If the non-custodial parent loses his or her job, then they may choose to request a reduction in their child support obligation. On the other hand, the custodial parent may file for an increase in child support if they learn that the non-custodial parent has had an income increase.

How Much Can Child Support Take from Your Paycheck in New York?

Wage garnishment is a common practice for collecting child support, especially when the non-custodial parent is behind on their payments – or in arrears. This means that each payday a certain amount of money is deducted from that person’s paycheck for paying their child support debt which includes the current child support payment amount, a portion of the arrearages, and interest on the past due amount.

There are two laws that the State of New York employs that govern how much can be deducted from a person’s paycheck for their child support obligation:

According to these two laws, the maximum amount that can legally be withheld for a child support obligation is between 50% and 65% of the person’s disposable earnings. Disposable earnings are the person’s gross income but with several deductions that include:

  • Federal withholding taxes
  • State withholding taxes
  • Local withholding taxes
  • Social Security
  • Medicare
  • Regular pension plan deduction

The amount deducted for child support is done on a case-by-case basis and is determined according to the child support case and the parties involved.

How is Child Support in New York Calculated?

When the court is determining child support there are several approaches that the court can take, depending on the situation.

In the case of 50/50 custody, the judge uses the income of both parents and takes into consideration what each parent can provide. The judge then uses a formula to calculate the child support amount.

The formula for determining child support payments in New York is as follows:

  1. Add the incomes of both parents from all sources
  2. Multiply the amount of the parents’ combined incomes by the child support percentage according to the number of children involved.

For example:

If Parent A makes $60,000 per year and Parent B makes $40,000 per year, then their combined income is $100.000.

They have two children, so the percentage is 25% of the combined parental income.

$100,000 X .25 = $25,000

$25,000 is the basic child support obligation for both parents.

Next, each parent’s income is calculated to determine what percentage it is of the combined parental income.

Parent A’s income is 60% of the combined parental income and Parent B’s income is 40% of the combined parental income.

Therefore, Parent A pays 60% of the basic child support obligation which is $15,000 and Parent B pays 40% of the basic child support obligation which is $10,000.

The parent with whom the child spends the most time is automatically assumed to be directly spending their portion of the child’s support on the child’s expenses. The other parent pays their share in child support payments.

In some cases, the court may increase child support payments or add on more support. Some situations where this can happen include:

  • If the parent the child lives with or spends the most time with needs help covering childcare costs while working or going to school.
  • The child has reasonable healthcare expenses.
  • The child attends a private school or other situation where additional support is required for their education.

If the combined parental income exceeds $163,000 a year, the court can either use the standard calculation method on the full amount or it can use the formula on just the first $163,000 of the income amount.

Are you negotiating your child support payments? Going for an increase? Need your child support payments lowered? 

You need a Family Law attorney who will work with you and help you negotiate a fair payment obligation that will take care of your child but still allows you to live your life. It’s a delicate balance.

The team at the Litvak Law Firm has the talent and experience to help you with any aspect of child support and custody or any of your family law needs. Call 718-989-2908 today and schedule an appointment to find out how we can help you.