Child Support
FCA § 413 — a set percentage of both parents' combined income, for a child under twenty one
The parents of a child under the age of twenty one are chargeable with the child's support, and a parent with sufficient means, or able to earn them, is required to pay a fair and reasonable sum. The court starts from the combined parental income, the income of both parents added together.
Who handles this in New York: legal aid programs, lawyer referral and the state offices, listed in the New York directory.
| Children | Child support percentage of combined parental income |
|---|---|
| ChildrenOne child | Child support percentage of combined parental incomeSeventeen percent |
| ChildrenTwo children | Child support percentage of combined parental incomeTwenty five percent |
| ChildrenThree children | Child support percentage of combined parental incomeTwenty nine percent |
| ChildrenFour children | Child support percentage of combined parental incomeThirty one percent |
| ChildrenFive or more children | Child support percentage of combined parental incomeNo less than thirty five percent |
Up to a ceiling, then split by income. The court multiplies the combined parental income, up to the amount set in the social services law, by the child support percentage, and prorates the result in the same proportion as each parent's income is to the combined income. For combined income above that amount, the court sets support on the excess by considering the factors the section lists, the child support percentage, or both.
Where the court finds the non custodial parent's share unjust or inappropriate, it orders the amount it finds just and appropriate and sets out in a written order the factors it considered, each party's share, and why it did not order the guideline amount. That written order cannot be waived. An agreement between the parents has to say they were told about these standards, and if it departs from them, what the guideline amount would have been and why it differs.
Health insurance, child care and education expenses are added under the same section, and the amount of the income ceiling changes over time. How the standards apply to a particular household are questions for a licensed New York attorney.
Sources for this section (1)
- Fam. Ct. Act § 413 — Parents' duty to support child
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.