Reviewed August 2026
Child Support in New York
New York calculates child support under the Child Support Standards Act, or CSSA. The law applies a set percentage to the parents' combined income, based on the number of children. It then splits the result between the parents according to each one's share of that combined income. The CSSA appears in Domestic Relations Law section 240 and Family Court Act section 413. It uses a fixed percentage table, not the schedule-based tables most income shares states use. This makes New York's approach distinctive, though it still starts from the same basic point: combined parental income. A New York support order can come from Family Court, from Supreme Court as part of a divorce, or through the state's Office of Child Support Services. That office is New York's IV-D agency. Support magistrates in Family Court commonly hear these cases and issue orders on a judge's behalf. The CSSA percentages are 17 percent of combined income for one child, 25 percent for two, and 29 percent for three. They rise to 31 percent for four children, and no less than 35 percent for five or more. These percentages apply up to a statutory income cap, which is adjusted periodically.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how child support works under New York law for people researching before they file. It is not legal advice, and Virdix does not prepare or file New York paperwork. See how Virdix works for California divorces.
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The CSSA percentage formula
Under the CSSA, a court first adds up the parents' combined income. It then applies the percentage tied to the number of children, from 17 percent for one child up to no less than 35 percent for five or more. That percentage applies up to a statutory cap.
The resulting figure is prorated between the parents, based on each parent's share of the combined income. The parent earning the larger share of the total pays a larger share of the support amount. For income above the statutory cap, the court has discretion. It can apply the same percentage to the excess, or set an amount based on statutory factors, such as the child's needs and each parent's financial circumstances.
Applying through the Office of Child Support Services
New York's Office of Child Support Services sits inside the Office of Temporary and Disability Assistance. It is the state's IV-D agency. A parent can apply through the local county child support office or the state program for paternity establishment, a support order, or enforcement.
A parent already in a Family Court or Supreme Court case can also have support decided directly as part of that case.
Which court hears the case
Family Court handles most child support proceedings. Support magistrates, not judges, typically preside over these hearings and issue the orders. When a divorce is filed in Supreme Court, support can be decided there instead, as part of the broader divorce judgment.
New York's Unified Court System publishes self-help materials that explain the forms and process for parents representing themselves in either court.
Modifying a New York order
Under Family Court Act section 451, a New York order can be modified in three situations. Three years must have passed since the order was entered or last modified. Or either party's income must have changed by 15 percent or more, or there must have been a substantial change in circumstances. A voluntary reduction in income generally does not qualify on its own.
A parent seeking modification files a petition in Family Court, or requests a review through the Office of Child Support Services for agency-managed cases.
Enforcement
The Office of Child Support Services enforces New York orders using several tools. These include income execution, intercepting state and federal tax refunds, credit bureau reporting, and suspending licenses or passports for significant arrears. Family Court can also hold a parent in contempt for willful nonpayment.
A parent owed support can open a case with the agency to pursue these tools, even when the original order came from a private court filing.
Sources: NY Domestic Relations Law section 240 (child support), NY Family Court Act section 413 (CSSA), NY Courts self-help, child support, NY Office of Temporary and Disability Assistance (OTDA)
Not independently confirmed
- The current statutory income cap dollar amount changes periodically and should be confirmed against the current DRL 240 / FCA 413 text at filing time.
- Live nysenate.gov and nycourts.gov pages returned 403 to automated verification at drafting time; sources above use archive.org snapshots as instructed. Confirm the live pages directly before publishing.
Child Support in New York: frequently asked questions
What percentages does New York use to calculate child support?+
The Child Support Standards Act applies set percentages to combined parental income. The rate is 17 percent for one child, 25 percent for two, and 29 percent for three. It rises to 31 percent for four children, and no less than 35 percent for five or more. These percentages apply up to a statutory income cap that is adjusted periodically. The result is then prorated between the parents by income share.
How do I apply for child support services in New York?+
Through the Office of Child Support Services, part of the Office of Temporary and Disability Assistance, New York's IV-D agency. A parent can apply through the local county child support office or the state program, for paternity establishment, a new order, or enforcement of an existing one.
Which court hears child support cases in New York?+
Family Court hears most child support cases, with support magistrates presiding rather than judges. When a divorce is filed in Supreme Court, support can be decided there as part of the divorce judgment instead.
How do I modify a New York child support order?+
Under Family Court Act section 451, a parent files a petition to modify. It must show three years have passed since the last order, either party's income changed by 15 percent or more, or a substantial change in circumstances occurred. A voluntary income reduction generally does not qualify on its own.
What happens to income above New York's statutory cap?+
Above the statutory cap, the CSSA percentage does not apply automatically. A court has discretion instead. It can apply the same percentage to the excess income, or set an amount based on statutory factors, such as the child's needs and each parent's financial circumstances.
What enforcement tools does New York use for unpaid child support?+
The Office of Child Support Services has several enforcement tools. It can use income execution, intercept state and federal tax refunds, report arrears to credit bureaus, and pursue license or passport suspension for significant arrears. Family Court can also hold a parent in contempt for willfully failing to pay.
This page is general information about child support in New York, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with New York's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in New York. Virdix does not prepare or file New York divorce paperwork. It is not a substitute for an attorney licensed in New York.
More New York divorce guides
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