Child Support in a New York Uncontested Divorce
How NY Calculates It

Reviewed by Ettrick M. Campbell, Esq.

NY Bar #3938966 · 25 years of practice · Last reviewed: May 2026

New York uses the Child Support Standards Act (CSSA) to calculate child support, providing predictable formulas based on combined parental income. For uncontested divorces, both parents must agree on a number that meets or exceeds the CSSA guideline amount, or explain in writing why a different amount serves the children's best interests. Here is how the math actually works.

The CSSA percentages

NY child support is calculated as a percentage of combined parental income (CCPI - the combined income from both parents): 17% for one child, 25% for two children, 29% for three children, 31% for four children, and not less than 35% for five or more children. The percentage is applied to the first $163,000 of combined income (the "cap" updated periodically by the legislature). Income above the cap is subject to the court's discretion.

Income that counts

CSSA income includes wages, salary, self-employment income, dividends, interest, rental income, pension income, fellowship and stipend income, and most government benefits. Excluded: federal and state taxes paid, FICA, NYC tax (for NYC residents), pre-existing child support orders for other children, and pre-existing maintenance obligations. The result after deductions is "CCPI" - what the percentages apply to.

How the obligation is split

Once you calculate the total support amount, it is split between parents based on their respective incomes. Example: combined CCPI of $100,000 with two children = $25,000 annual obligation. If parent A earns 60% ($60K) and parent B earns 40% ($40K), parent A is responsible for 60% of $25,000 = $15,000 toward parent B (the custodial parent). This translates to $1,250/month from parent A to parent B.

Add-on costs beyond the percentage

On top of basic CSSA support, NY law requires both parents to share certain "add-on" costs in proportion to their incomes: childcare costs (if needed for work), unreimbursed medical expenses, and educational expenses (in some cases). These are typically not paid as a fixed monthly amount - instead, the obligation parent reimburses the custodial parent for actual costs incurred, in proportion to their share of CCPI.

When you can deviate from the guidelines

NY allows parents to agree to a different amount if it serves the children's best interests, but the agreement must explain the reasoning in writing and the court must approve. Common acceptable deviations: shared physical custody where parents have nearly equal time with the children; one parent is the children's sole financial support and the other has minimal income; the children have specific needs requiring different allocation. Courts scrutinize agreements that pay less than the guideline amount and may reject them if the deviation is not justified.

Health insurance for the children

NY requires parents to provide or share the cost of health insurance for children covered by a divorce judgment. This is in addition to the basic CSSA percentage. If one parent has employer-provided coverage available at reasonable cost, that parent typically maintains coverage. Premiums for the child portion of the coverage are split in proportion to CCPI shares.

Common questions