After getting a divorce, both parents are legally obligated to support their children financially. In most cases, this obligation falls on the parent who does not have primary custody of the child. In New York, child support payments are typically paid monthly, and they are calculated by taking a percentage of the parents' combined income that is based on the number of children the parents share and then dividing this amount between the parents based on how much each parent contributes to their combined income. 

Child support orders are intended to ensure that both parents contribute toward meeting their children's ongoing needs. In some cases, however, the circumstances of either parent may change, making it necessary to modify the amount of child support that one parent pays to the other. In these situations, it is important to understand the issues that may play a role in modification requests, and parents can consult with an experienced family law attorney to determine their best course of action.

In cases where a child’s parents get a divorce or are no longer in a relationship with each other, child support will usually be ordered, and this will ensure that both parents are making the required financial contributions. While the requirement to pay child support can seem like a difficult burden to bear, it will ensure that a child will have the necessary financial resources to meet their ongoing needs as they grow up. To ensure that these payments are used properly, and to address any other needs that may apply for a child, parents should be sure to understand the types of expenses that child support will cover and the situations where additional support may be ordered.

Basic Child Support Obligations and Other Additional Costs

When a child support order is created, a “basic child support obligation” will be determined. This amount is calculated by adding the parents’ incomes together and applying a percentage that is based on the number of children being supported. For example, in cases where parents have two children, the child support percentage is 25 percent. The resulting figure will be prorated, and the non-custodial parent will have a child support obligation that is based on their income as a percentage of the couple’s combined income.

The basic child support obligation is meant to provide for children’s basic needs. These include food and nutrition, clothing, and living expenses such as rent or utilities. The custodial parent may use the child support payments they receive, as well as the income they earn on their own, to cover these costs. However, there are some additional expenses that may also be added to a parent’s child support obligations, including:

If you are divorcing and have children or have been named as a child’s father but are not married to your co-parent, you will owe child support payments as per New York state law. The purpose of child support is to ensure that the children’s lives remain the same quality that they would be if their parents were married and used both of their incomes to support their children. Of course, not all parents are married or remain married, and thus their incomes remain separate. For those who are the non-custodial parent, or the parent who is not the primary caretaker, you will be responsible for these monthly child support payments.

Child Support Standards Act

In order to have a systemized way of calculating child support, New York uses the Child Support Standards Act, which assigns a percentage of income owed based on the number of children — those with fewer children owe less money. Below is a breakdown of how much is owed depending on the number of children the paying party has: