In the state of New York, basic child support is calculated according to the formula set forth in the Child Support Standards Act, or CSSA. Unless the court determines that the non-custodial parent's pro-rata share of the basic child support obligation is unjust or unfair, the non-custodial parent must pay their pro rata share of the basic child support obligation. The basic child support obligation is arrived at by multiplying the combined adjusted gross income (gross income less approved deductions, typically FICA and Medicare) of both parents by a statutory child support percentage. The statutory percentages are as follows: 17% of parents' combined gross income for one child, 25% of for two children, 29% for three children, 31% for four children and no less than 35% of parents' combined gross income for five or more children and directing the non-custodial parent to pay his or her pro rata share.
If both parents' combined incomes totals more than $136,000 per year, then the court can deviate from these percentages as to that combined income that exceeds $136,000. In addition to basic child support, the court may also order the non-custodial parent to pay his or her share of what is referred to as "add-on" expenses which include, but are not limited to, a child's unreimbursed health care expenses, child care expenses incurred to enable the custodial parent to work or attend school, the child's educational or special needs costs. Costs for extra-curricular activities, like piano lessons or soccer camp, for example, are best left to be decided by the parties as they are not mandated add-ons pursuant to statute.
There are many child support online calculators available for estimating what your basic child support obligation may be; however, these calculators do not address any possible add-on expenses or other variables which may be significant to your case. Therefore, you would be best served by speaking with an experienced Nassau County divorce lawyer. For more information about child support calculation in New York, and any other questions you may have about your divorce proceedings, call Jane K. Cristal, P.C. today. We would be glad to assist you in any way that we can.