New York Divorce Law...

New York Law - What Are The Child Support Guidelines?

Under federal law each state has established a mathematical formula for calculating child support. (Click here to read why and here for an overview of these formulas.)

The courts tend to follow these formulas pretty closely. (Click here for more on this.)

This screen gives a brief description of the method of calculation used in New York.

In New York, the guideline amount is based on the adjusted gross income of the non-custodial parent.

The adjusted gross income is calculated as gross income minus taxes and alimony and child support of previous relationships.

The resulting income is looked up on a table, and the result is the child support guideline amount.

If the support that the court orders is different from the amount calculated under the guidelines, the court must include a statement in its order explaining why. This applies even if the parties agreed to a different amount.

For combined parental incomes of up to $80,000, the courts should apply guidelines in almost every case.

It is not clear whether the guidelines should be applied when the combined parental income is more than $80,000 a year.

Section 240.1-b.

Cases:

Jones v Reese (1996) 642 NYS2d 378 (it was proper to apply the guideline formula even though income was more than $315,000, although the court did adjust child support downward because of extraordinary travel expenses for visitation).

Prystay v. Avildsen (1995) 632 NYS2d 570 (it was proper to apply the formula to incomes over $80,000).

Straker (1995) 631 NYS2d 767 (it was proper to apply the formula only to the first $80,000 of income).

Rochler (1995) 626 NYS2d 313 (The court applied the Child Support Standards Act guidelines (the child support guidelines) even though the result was more than the children's needs. The fact that he result was more than the children's needs was a factor to be considered, but in this case did not effect the result).

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