How is child support calculated in New York?

Using the Child Support Standards Act (CSSA), a mandatory formula: combined parental gross income, minus allowed deductions (mostly FICA and support paid for other children), multiplied by a set percentage based on the number of children, then prorated by each parent's share of the combined income.

What are the CSSA percentages?

17% of combined income for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more children.

Is there a cap on the income used in the calculation?

Yes. As of March 1, 2026, the cap is $193,000 in combined parental income, up from $183,000, adjusted every two years for inflation. Above that amount, courts have discretion, they can apply the guideline percentages to the excess, use a different calculation, or weigh factors like the child's needs and the family's prior standard of living.

How do I request a modification in New York?

New York allows modification on any of three grounds: a substantial change in circumstances, a 15% or greater change in either parent's gross income, or the passage of three years since the order was last entered, modified, or adjusted.

Does a change in the income cap alone justify a modification?

No. A change in the statutory cap by itself doesn't constitute a substantial change in circumstances. Only new orders or modifications granted after the cap's effective date apply the new figure.

New York, United States

New York Child Support: A Parent's Guide

How child support works in New York, in plain English: the CSSA percentage formula, the 2026 income cap, modification, and enforcement.

Legal sources reviewed: August 10, 2026

On this page

In short: New York uses the Child Support Standards Act (CSSA), a mandatory percentage formula applied to combined parental income up to a cap that rises to $193,000 as of March 1, 2026. Modification is available on three distinct grounds, including automatically after three years or a 15% income change, and enforcement runs through the Family Court's dedicated modification and enforcement program.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed New York family law attorney.

What New York generally provides

The Child Support Standards Act (CSSA) is the mandatory formula New York courts apply in every divorce and Family Court child support proceeding. It sets a specific percentage of combined parental income based on the number of children, up to an income cap adjusted every two years.

Important terminology

CSSA: New York's statutory formula, applying fixed percentages to combined parental income.
Income cap: the ceiling on combined income the guideline percentages automatically apply to, $193,000 effective March 1, 2026.
Above-the-cap discretion: the court's authority to decide how to handle combined income beyond the cap, rather than automatically extending the percentage.

How the calculation works

The CSSA percentages

The basic child support obligation is 17% of combined income for one child, rising to 25% for two, 29% for three, 31% for four, and 35% for five or more children.

The formula in steps

Start with combined gross income, subtract allowed deductions (mostly FICA and support already paid for other children), apply the percentage for the number of children, then prorate the result by each parent's share of the combined income, so each parent's individual obligation reflects their proportion of the total.

What happens above the income cap

For combined income above $193,000 (effective March 1, 2026, up from $183,000), the CSSA formula doesn't automatically extend. The court must decide whether to apply the guideline percentages to the excess, apply a different calculation, or weigh factors independently, including both parents' financial resources, the standard of living the child would have had if the family stayed together, and the child's demonstrated needs.

Requesting or defending a modification

New York permits a modification on any one of three grounds: a substantial change in circumstances affecting either parent or the child, a 15% or greater change in either parent's gross income, or simply the passage of three years since the order was last entered, modified, or adjusted, no additional showing required for that third path. Note that a change in the statutory income cap alone doesn't itself count as a substantial change. Use the Support Modification and Enforcement/Violation Program through the Family Court to formally request either a modification or enforcement. See the child support calculator and guideline finder for jurisdiction-specific calculation sources and guidance.

How enforcement works

New York's Support Modification and Enforcement/Violation Program lets a parent ask the Family Court to enforce an existing order when the other parent isn't complying, alongside the same program used for modification requests. As in most states, income withholding is a standard enforcement tool once an order is in place.

Common questions

Do I need a lawyer to request the three-year modification? Not necessarily, the Family Court's modification program is designed to be usable without an attorney, though complex income or custody situations often benefit from one.

Will the 2026 cap increase automatically raise my support? No. Only new orders or modifications granted after March 1, 2026 apply the $193,000 cap, and the cap change alone isn't grounds for reopening an existing order.

What if my co-parent isn't paying? Use the Support Modification and Enforcement/Violation Program to ask the Family Court to enforce the existing order.

Practical considerations

Because New York's three-year automatic modification window doesn't require proving anything changed, it's worth calendaring that date and reviewing whether the numbers still make sense, rather than assuming an old order stays accurate indefinitely. For the custody arrangements that often interact with support calculations, see the New York custody guide.

Official New York resources

FAQ

Questions, answered

This information is provided for educational purposes only and is not legal advice. Family law varies by individual circumstances and may change over time. Consult a qualified attorney or appropriate official resource for advice about your situation.