New York Child Support Attorney

Until implementation of the Child Support Standards Act (“CSSA”), the amount of child support awarded the custodial parent was subjective. This statute limited that subjectivity by establishing statutory guidelines which mandated the amount of child support on the first $80,000 of combined parental income, with limited exceptions, based on a percentage of that income depending on the number of children, i.e.:

One child = 17%
Two children =25%
Three children =29%
Four children =31%
Five or more children =not less than 35%

In calculating the parental income, the Courts are to consider not only money actually earned or received but also that which is available to the parents such as non-income producing assets, fringe benefits received as well as moneys and things received from relatives and friends.

When the combined parental income exceeds $80,000/year, the courts are given the option to apply the above percentages to the total income or consider such factors as the financial resources of the parents and child, the physical, emotional and special needs of the child, the standard of living that would have existed had the household not been dissolved, the non-monetary contributions of the parents, the disparity of income between the parents, and the needs of other children of the non-custodial parent.

The statute also permits awards for private school, college, child care expenses to enable the custodial parent to seek or maintain employment or attend school and health care needs.