Children and child support
Where two parents have already worked out the arrangements for their children, this is the part that still has to be calculated properly, because New York sets the number by formula, and the court reads the file.
This page is for parents who already agree. If the arrangements for your children are in dispute, that is a different kind of case and it is not one we are taking on at the moment. Say so when you call and we will point you somewhere useful.
What the court is checking
An uncontested divorce with children under 21 carries extra paperwork, and the reason is straightforward: the children are not parties to the agreement and cannot look after their own interests in it. So the judge reviewing the file looks at the support figure and at whether the papers show how it was arrived at.
That is why it is worth getting the calculation right even when nobody is arguing. Most uncontested files that come back for correction come back over the child support worksheet.
The percentages
New York applies a set percentage of combined parental income according to the number of children:
| Children | Percentage of combined parental income |
|---|---|
| One child | 17% |
| Two children | 25% |
| Three children | 29% |
| Four children | 31% |
| Five or more children | no less than 35% |
These have not changed since the Child Support Standards Act was enacted. What changes every two years is the income cap they run on.
How the three steps work
- Add both incomes together. Gross income, adjusted — Social Security and Medicare taxes actually paid come out, as does New York City or Yonkers income tax. Maintenance being paid to the other parent is deducted from the payor’s income and added to the recipient’s, which is why maintenance has to be settled before support can be calculated.
- Apply the percentage for the number of children, to combined income up to $193,000.
- Split it in proportion to income. A parent earning 60 percent of the combined total carries 60 percent of the obligation. The parent the children live with is treated as meeting their share directly.
The court system publishes the worksheet and calculator the forms are built around, and the figures in your papers should match what it produces.
Not sure what the worksheet will say?
Bring both incomes to a free consultation and we will work it through with you.
The cap, and income above it
The combined parental income cap rose to $193,000 on March 1, 2026, from $183,000. It adjusts every two years with the consumer price index, so anything published before that date quotes a superseded figure, a very common problem with support articles online.
Above the cap, a court may apply the same percentages, or weigh a list of statutory factors instead, and it has to say which it did and why. In an uncontested case the parents can agree on the treatment of income above the cap themselves.
The add-ons, which are not in the percentage
The percentage produces the basic obligation. Three categories sit on top of it and are shared in the same income proportion:
- Child care that lets a parent work or attend training or education leading to work.
- Health insurance premiums for the children, plus unreimbursed medical expenses, which is the one that causes the most friction later, because nobody writes down how it gets billed. Say who pays the provider, how the other parent is asked, and by when.
- Educational expenses where they are appropriate.
The self-support reserve
Where the guideline amount would leave the paying parent below a floor set by statute, the calculation is adjusted rather than applied mechanically. That floor, the self-support reserve, is $21,546 as of March 1, 2026, roughly 135 percent of the federal poverty level for a single person, which itself moved to $15,960 on the same date.
It exists so that support orders remain payable. An order that cannot be paid is not doing the children any good.
Support runs to 21 here
New York is one of a small number of states where the obligation continues until the child turns 21, not 18. People who have read about support in another state are frequently working from the wrong figure, and over three additional years the difference is substantial.
It can end earlier through emancipation, marriage, full-time military service, or becoming self-supporting and living independently of both parents.
Agreeing to something other than the guideline
Parents can agree on a different number, and the agreement has to show its working: what the guideline produces, that both of you knew it, and why you are departing from it. A figure noticeably below the guideline with no explanation is the single most likely reason for an otherwise clean uncontested file to come back from the court.
If you do not agree
Everything above assumes the arrangements for your children are settled between you. Where they are not, the case is not an uncontested divorce, and contested custody is not work this firm is taking on at present. We would rather tell you that on the phone than after you have paid a retainer. The court system runs a CourtHelp service and every county has a lawyer referral service through its bar association.
Questions people ask
How is child support calculated in New York?
Both parents’ incomes are combined, a percentage set by statute is applied according to the number of children, and the result is divided between the parents in proportion to their incomes. The percentages run from 17 percent for one child to no less than 35 percent for five or more.
What is the combined income cap?
$193,000 as of March 1, 2026, up from $183,000. The percentages apply automatically to combined parental income up to that figure. Above it the court may apply the same percentages or weigh the statutory factors instead, and in an uncontested case the parents can agree on how to handle it.
What counts as income for the calculation?
More than a paycheck. Gross income from employment, self-employment, investment income, workers compensation, unemployment, pensions and annuities, and certain benefits all count. Social Security and Medicare taxes actually paid, and New York City or Yonkers income tax, come out before the percentage is applied.
Is child care and health insurance included in that percentage?
No, they are added separately. Reasonable child care costs that let a parent work, health insurance premiums for the children, and unreimbursed medical expenses are shared between the parents in proportion to their incomes on top of the basic support obligation.
Can we agree to a different amount?
Yes, within limits. The agreement has to state the amount the guideline produces, confirm both parents knew it, and give the reason for departing from it. A court reviewing an uncontested file will look for that, and a support figure well below the guideline without an explanation invites questions.
How long does child support last in New York?
Until the child turns 21, which is later than most states and catches out anyone working from what they read about somewhere else. It can end sooner if the child becomes emancipated, by marrying, entering full-time military service, or becoming self-supporting and living independently of both parents.
What if paying the guideline would leave a parent with almost nothing?
The self-support reserve addresses that. It is $21,546 as of March 1, 2026, roughly 135 percent of the federal poverty level for one person. Where the guideline amount would push a payor below it, the calculation is adjusted rather than applied mechanically.
Related
Sources
NY Courts — What’s New in Matrimonial Legislation, Court Rules and Forms ·NY Courts — Maintenance and Child Support Tools ·NY Domestic Relations Law § 240
The $193,000 combined income cap and the $21,546 self-support reserve took effect March 1, 2026 and are verified against the court system’s own notice; both adjust again on March 1, 2028. Verified August 23, 2026. This page describes how New York calculates child support. It is not advice about your own case.