New York Child Support Policy 2024-2026

The CSSA statutory percentages (17%, 25%, 29%, 31%, 35%) are presumptively applied only to combined parental income up to $183,000. For income above this cap, the court has discretion to apply the percentages to all or part of the excess, or determine an appropriate amount based on ten statutory "f-factors" including financial resources, standard of living, and special needs of the child. This discretionary amount is separate from the presumptive guideline.

The Self-Support Reserve ($21,128 as of March 1, 2025) is a statutory floor that protects low-income payors from impoverishment. If a calculated child support obligation would reduce the non-custodial parent's income below this threshold, the obligation must be reduced to the greater of $50 per month or the amount that leaves the payor at exactly the Self-Support Reserve level. This ensures the payor retains sufficient income for basic subsistence.

No. The statutory child support percentages (17% for one child, 25% for two, etc.) are fixed in New York law under DRL § 240(1-b)(b)(3) and do not change unless the legislature amends the statute. These percentages have remained constant since the CSSA was enacted. However, the income caps and poverty guidelines that work alongside these percentages are adjusted periodically based on economic factors.

The Combined Parental Income Cap and Self-Support Reserve are updated biennially (every two years) by administrative order, typically adjusted for changes in the Consumer Price Index. The current caps ($183,000 for child support, $228,000 for maintenance) are effective March 1, 2024 through February 28, 2026. The Poverty Income Guideline follows the federal poverty guidelines updated annually, with the current $15,650 threshold effective March 1, 2025.

Three categories of expenses must be added to the basic CSSA obligation and prorated between parents based on their income shares: (1) reasonable work-related child care costs, (2) the marginal cost of health insurance premiums for the children, and (3) unreimbursed medical expenses not covered by insurance. Each parent pays their proportional share of these costs according to their percentage of the combined parental income.

In equal shared custody arrangements, New York case law establishes that the higher-earning parent is designated as the non-custodial parent (payor) for calculation purposes. The standard CSSA formula is then applied using this designation. Courts retain discretion to deviate from the guideline amount if it would be unjust or inappropriate based on the specific circumstances, but the calculation starts with the higher earner as the presumptive payor.