Child support payments are crucial to ensure a child’s financial needs are met when parents are divorced or no longer live together. Critically, New York courts determine child support under Domestic Relations Law 240, which requires an order to include a basic child support obligation, as well as mandatory add-ons. Courts also have the discretion to order additional add-on expenses in certain cases. Whether you’re the parent who is receiving child support or obligated to pay, it’s essential to understand what child support covers and what additional expenses may be considered.

Key Takeaways

• New York Courts determine child support in two parts: the basic child support obligation and add-on expenses.
• The basic child support obligation is calculated using the Child Support Standards Act guidelines, which are based on the parents’ combined income and number of children.
• Certain expenses are considered mandatory add-ons, including childcare, health care expenses, and health insurance costs.
• Courts may order discretionary add-ons, such as college tuition, private school, and the costs of extracurricular activities based on the parents’ ability to pay and the child’s best interests.

What is Included in a Child Support Order?

Child support is paid monthly by the non-custodial parent to the custodial parent. In New York State, a child support order consists of two parts: a basic child support obligation and additional child support categories. Under New York DRL 240, both basic child support and mandatory add-ons are required by law. Courts may also order discretionary add-ons if parents are able to afford the extra costs and the expense is in the best interests of the child.

The Basic Child Support Obligation

Basic child support is meant to help the custodial parent offset the costs of food, clothing, shelter, and any other essential costs associated with raising a child. The calculation used to determine child support is established under the Child Support Standards Act (CSSA) guidelines. It combines the adjusted gross income for each parent, minus certain deductions. This number is then multiplied by a percentage based on the number of children.

The percentages used to determine child support are as follows:

• 17% for one child
• 25% for two children
• 29% for three children
• 31% for four children
• 35% for five or more children

The calculated amount is prorated between the parents based on their share of income. There is currently an income cap in place of $183,000. However, the court has the discretion to determine whether additional support beyond this salary cap should be included in child support calculations, based on the child’s needs and the parents’ financial circumstances. Parents who earn below the New York State Self-Support Reserve may qualify for reduced child support obligations.

Mandatory Add-On Expenses

New York State’s child support guidelines require parents to contribute certain expenses in addition to the basic child support payment. These are referred to as “mandatory add-ons” and are required by law. Mandatory add-ons are calculated separately from the basic child support obligation and can include the following:

• Childcare: Reasonable costs for childcare that allows a parent to work or attend school are a mandatory add-on. This may include daycare, after-school programs, and babysitters.
• Uninsured health expenses: Out-of-pocket health care costs, including co-pays, deductibles, prescriptions, glasses, orthodontic work, and other uncovered expenses must be included in a child support obligation by law.
• Health care insurance costs: Premiums paid for the child’s healthcare costs, including medical, dental, and vision insurance must be split between the parents.

Mandatory add-on expenses are shared by the parties pro rata. This means that the parent who earns more pays a greater percentage of the costs. A court may also order parents to split other costs, based on each parent’s income and the child’s standard of living.

Discretionary Add-Ons

There are many miscellaneous types of expenses that can arise when raising a child, and courts will also consider discretionary add-ons when determining child support. Discretionary add-ons are distinct from mandatory add-ons, which are required by law. Discretionary add-ons can include college tuition, private school costs, the costs of extracurricular activities, music lessons, sports equipment, theater costumes, and various other expenses. While a judge may order these expenses if they are in the best interests of the child and the parents can afford to pay them, parents may also negotiate these expenses between themselves without court involvement.

Contact an Experienced New York Child Support Attorney

If you have questions about how a court will determine child support, it’s essential to consult with a knowledgeable family law attorney. At Duke Law Firm, P.C., our experienced child support attorneys can help you navigate your case, ensure that a fair calculation is reached, and the best interests of your child are met. We invite you to call us at (585) 449-4987 or visit us online to schedule a consultation to learn how we can help.