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Child support law in New York State
In New York, parents are obligated to support their unemancipated children until the age of 21. The Child Support Standards Act (CSSA) mandates that a pro rata portion of the combined income of both parents be contributed to support the parties’ children.
The CSSA employs a mathematical formula to determine the amount of child support to be paid. That amount is capped at $143,000. Child support awards in excess of that amount are decided by the Court or agreed to by the parties.
The child support percentages are as follows:
- 1 child: 17% of the combined parental income
- 2 children: 25% of the combined parental income
- 3 children: 29% of the combined parental income
- 4 children: 31% of the combined parental income
- 5 or more children: No less than 35% of the combined parental income
There are many variables to this formula. It’s more complex if there is a split or shared custody arrangement, if there are children from a previous marriage, or other support requirements.
The parties are also responsible for the childrens’ health insurance, unreimbursed health care expenses, child care expenses, and educational expenses.
The law allows the parties to “opt out” of the CSSA if they agree on support that differs from it. Any agreement must be approved by the Court.
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