New York Child Support Calculator

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New York State
Temporary Maintenance & Child Support Calculator

Updated August 1, 2014
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The new maintenance law, effective for divorces filed on or after October 12, 2010, uses the CSSA definition of income for the purpose of determining temporary maintenance payments.

Income

(as defined in the Child Support Standards Act (CSSA) Domestic Relations Law Section 240 and Family Court Act 413)
Gross (total) income as should have been or should be reported in the most recent federal income tax return - DRL 240(1-b)(b)(5)(i)

To the extent not included in gross income:
Investment income, less expenses related to the investment - DRL 240(1-b)(b)(5)(ii)
Workers' compensation - DRL 240(1-b)(b)(5)(iii)(A)
Disability benefits - DRL 240(1-b)(b)(5)(iii)(B)
Unemployment insurance - DRL 240(1-b)(b)(5)(iii)(C)
Social security benefits - DRL 240(1-b)(b)(5)(iii)(D)
Veterans benefits - DRL 240(1-b)(b)(5)(iii)(E)
Pensions and retirement benefits - DRL 240(1-b)(b)(5)(iii)(F)
Fellowships and stipends - DRL 240(1-b)(b)(5)(iii)(G)
Annuity payments - DRL 240(1-b)(b)(5)(iii)(H)
Self-employment depreciation deduction (any depreciation deduction greater than depreciation calculated on a straight-line basis for the purpose of determining business income or investment credits) - DRL 240(1-b)(b)(5)(vi)(A)
Self-employment entertainment and travel allowances (entertainment and travel allowances deducted from business income to the extent said allowances reduce personal expenditures) - DRL 240(1-b)(b)(5)(vi)(B)

Court may attribute or impute income from:
Non-income producing assets - DRL 240(1-b)(b)(5)(iv)(A)
Perquisites form employment (meals, lodging, memberships, automobiles or other perquisites that are provided as part of compensation for employment to the extent that such perquisites constitute expenditures for personal use, or which expenditures directly or indirecly confer personal economic benefits) - DRL 240(1-b)(b)(5)(iv)(B)
Fringe benefits provided as part of compensation for employment - DRL 240(1-b)(b)(5)(iv)(C)
Money, goods, or services provided by relatives and friends - DRL 240(1-b)(b)(5)(iv)(D)
An amount imputed as income based upon the parent's former resources or income - DRL 240(1-b)(b)(5)(v)
TOTAL

Deductions – DRL 240 (1-b)(b)(5)(vii)

Unreimbursed employee business expenses except to the extent said expenses reduce personal expenditures – DRL 240 (1-b)(b)(5)(vii)(A)
Alimony or maintenance actually paid to a spouse not a party to the instant action pursuant to court order or validly executed written agreement – DRL 240 (1-b)(b)(5)(vii)(B)
Child support actually paid pursuant to court order or written agreement on behalf of any child for whom the parent has a legal duty of support and who is not subject to the instant action - DRL 240 (1-b)(b)(5)(vii)(D)
Alimony or maintenance actually paid or to be paid to a spouse that is a party to the instant action pursuant to an existing court order or contained in the order to be entered by the court, or pursuant to a validly executed written agreement. – DRL 240 (1-b)(b)(5)(vii)(C)
Public assistance - DRL 240(1-b)(b)(5)(vii)(E)
Supplemental security income - DRL 240(1-b)(b)(5)(vii)(F)
Tax Deductions

NYC or Yonkers income tax paid - DRL 240 (1-b)(b)(5)(vii)(G)
FICA: social security tax paid - DRL 240 (1-b)(b)(5)(vii)(H)
FICA: medicare tax paid - DRL 240 (1-b)(b)(5)(vii)(H)
TOTAL

Adjusted CSSA Income - DRL 240(1-b)(b)(5)
Income
Deductions
Adjusted income as defined by the CSSA

Applicable statutory values:

§ Income cap: $

Temporary Maintenance - (DRL 236) (B)(5-a)

(Guidelines for temporary maintenance apply to divorces filed on or after October 12, 2010)
Adjusted CSSA Income - (DRL 236) (b)(5-a)(b)(4)

First calculation - (DRL 236) (5-a)(c)(1)(a)
30% of payor's income up to and including income cap of $543,000.003
Less 20% of payee's income
Difference (result 1)

Second calculation - (DRL 236)(b)(5-a)(c)(1)(c)
Payor's income up to and including income cap
Add Payee's income
Sum
Multiplied by 40%
Less payee's income

Lower of the two results (if negative, then presumptive maintenance award will be zero) - DRL 236(B)(5-a)(c)(1)(d)

Guideline amount of temporary maintenance:

Annually
Monthly
For more information:
Articles > Child Support

Child Support
Number of children:
 
Adjusted income as defined by the CSSA - DRL 240(1-b)(b)(5)
 
Maintenance adjustment - DRL 240(1-b)(b)(5)(vii)(c)
(maintenance paid or to be paid, to a spouse of the present divorce action. Maintenance shall be an income deduction for payor, and an addition to income for payee)
 
Income adjusted for maintenance

Child Support calculation -
on combined parental income up to $2:
Combined parental income - DRL 240(1-b)(b)(4)
Applicable child-support percentage4 - DRL 240(1-b)(b)(3)
Parental child support obligation
Annually
Monthly
 
Parent's share of combined parental income
Annual pro rata share of child support obligation
 
Non-custodial parent's basic child-support obligation 5
Annually
Monthly
Applicable statutory values and notes:

1 Self-support reserve: $15,755 – DRL 240(1-b)(b)(6), http://aspe.hhs.gov/poverty/index.cfm

2 Combined parental income cap for child support calculations: $141,000.00 – SSL 111-i(2)(b)

3 Income cap for temporary maintenance calculations: $543,000 DRL 236(B)(5-a)(b)(5)

4 Child Support Percentages - DRL 240(1-b)(b)(3)
1 child - 17%
2 children - 25%
3 children - 29%
4 children - 31%
5+ children - 35%

5 The non-custodial parent may also be responsible for mandatory add-on expenses for the children, such as child-care expenses, medical expenses, and educational expenses. The non-custodial parent's pro rata share of add-ons is an addition to the basic child support obligation.

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