New York Family Law Guide
Child Support • Spousal Maintenance • Custody • Procedure
CSSA Child Support Calculator
Applies maintenance-first workflow, the $183,000 combined income cap, and low-income adjustments.
Run CSSA Calculation →Spousal Maintenance Calculator
Compares Formulas A & B, applies the 40% cap, and shows advisory duration ranges.
Model Maintenance →Child Support (CSSA) Overview
The Child Support Standards Act (CSSA) requires courts to calculate support based on combined parental income, limited statutory deductions, and mandatory add-ons. Maintenance must be determined first, then each parent’s income is adjusted before applying the CSSA percentages.
17% for one child, 25% for two, 29% for three, 31% for four, 35% for five or more (DRL § 240(1-b)(b)(3)).
Apply statutory percentages on combined parental income up to $183,000 (effective March 1, 2024). Income above the cap requires factor analysis.
Orders default to $25/month when payor income ≤ $15,650 and $50/month when payor income ≤ $21,128 after deductions.
Work-related childcare, children’s health insurance premiums, and unreimbursed medical expenses must be prorated between the parents.
Spousal Maintenance (DRL § 236(B)(5-a))
New York’s maintenance guidelines apply to both temporary (pendente lite) and post-divorce awards. The higher earner is the presumptive payor, and the calculator must compare Formula A or B with the 40% income cap test while respecting the Self-Support Reserve.
Formula A applies when the payor will also pay child support; Formula B applies when no child support obligation exists. Use the lower of the applicable formula and the 40% cap test.
Guideline maintenance is calculated on the payor’s income up to $228,000. Additional awards on income above the cap are discretionary.
Maintenance cannot reduce the payor below the $21,128 Self-Support Reserve. If it would, the award is reduced or eliminated.
15–30% of marriage length (0–15 years), 30–40% (>15–20), and 35–50% (>20 years) provide the starting range for post-divorce maintenance.
Custody & Parenting Time Factors
Custody determinations rest on the best interests of the child. Shared physical custody (50/50) is not presumed; the court evaluates these factors and may designate one parent as the primary residential parent while structuring access schedules accordingly.
- Stability of each parent’s residence and school continuity
- Ability to meet emotional and physical needs of the child
- Primary caregiver history and sibling relationships
- Substance abuse, domestic violence, or neglect concerns
- Willingness to foster the child’s relationship with the other parent
- Child’s preference if of sufficient age and maturity
Domestic violence, substance abuse, and interference with the child’s relationship to the other parent can weigh heavily against an award of custody or expanded visitation. Parenting plans should outline decision-making authority, transportation, holiday schedules, and dispute resolution mechanisms.
Key Procedural Milestones
Divorce actions begin with the filing and service of a summons with notice or complaint. Automatic Orders restrain parties from dissipating assets, changing insurance beneficiaries, or relocating children without consent or court order.
Each party must exchange a sworn statement of net worth within 20 days of the demand. The document details income, assets, liabilities, expenses, and supports the maintenance and child support calculations.
The court sets discovery schedules, appoints neutrals if necessary, and addresses temporary support or custody applications.
Support orders and custody agreements are incorporated into the judgment. Child support can later be modified in Family Court upon a substantial change in circumstances or passage of three years.
Statutory Resources & Court Forms
When to Seek Legal Counsel
You should speak with a New York family law attorney immediately if your case involves domestic violence, relocation requests, complex business assets, or contested custody. Counsel is also recommended when negotiating deviations from the CSSA or maintenance guidelines.
Need a starting point? The New York State Bar Association and local county bar associations maintain referral services, and the Office for Justice Initiatives publishes resources for low-income litigants.