Child Support in New York: The CSSA Formula Explained

New York does not leave child support to guesswork. The Child Support Standards Act (CSSA) sets a formula that applies to most cases. Understanding it helps you see roughly where you stand before you ever sit down to negotiate.

Step 1: Maintenance comes first

If one spouse will pay spousal maintenance (alimony), that is calculated before child support. Maintenance moves income from the higher earner to the lower earner, which changes each parent's income for the child-support math. Skipping this step is one of the most common mistakes people make when estimating support on their own.

Step 2: Find combined parental income

Start with each parent's gross income, then subtract specific deductions — most importantly FICA (Social Security and Medicare) and, for city residents, New York City income tax. Add the two adjusted figures together to get combined parental income.

Step 3: Apply the CSSA percentage

Multiply combined income (up to the cap) by the statutory percentage for your number of children:

• 1 child: 17%
• 2 children: 25%
• 3 children: 29%
• 4 children: 31%
• 5 or more: at least 35%

This gives the total annual support obligation for the family.

Step 4: Split it pro-rata

Each parent is responsible for a share of that obligation equal to their share of combined income. If one parent earns 65% of the combined total, that parent's share of the obligation is 65%. The parent the children live with primarily generally receives the other parent's share.

The income cap

The percentages apply to combined income up to a statutory cap, which New York adjusts every two years (currently $163,000). For income above the cap, a court has discretion: it may keep applying the percentage, or it may look at the children's actual needs and the family's standard of living. Because this is discretionary, any above-cap figure should be treated as advisory until reviewed.

Add-on expenses

Basic child support is not the whole picture. New York also divides certain add-on expenses between the parents pro-rata, including:

• Child care needed so a parent can work
• Unreimbursed medical and dental costs
• Educational expenses, where appropriate

These are typically shared in the same income proportions as the basic obligation.

A simple example

Suppose Parent A's adjusted income is $130,000 and Parent B's is $70,000, with two children. Combined income is $200,000, but the percentage applies only to the first $163,000. That is $163,000 × 25% = $40,750 per year. Parent A earns 65% of combined income, so Parent A's basic share is about $26,500 per year, or roughly $2,200 per month — before add-ons and before any above-cap adjustment.

Why a mediator helps here

The formula is mechanical, but the inputs are not always obvious — what counts as income, which deductions apply, how to treat self-employment, and what to do above the cap. In mediation, we run the CSSA calculation transparently, show you every step, and let you and your co-parent decide together how to handle the discretionary pieces. Our online portal even includes a calculator that follows the statute, so you can see estimates before your session.

Want the full picture? Read our guide on how divorce mediation works, or book a free consultation to talk through your numbers.

These figures are advisory and educational. Final child support is set by the parties with mediator review and incorporated into a court order. Always consult independent counsel before signing an agreement.