New York 2024 to 2026 Income Caps for Child Support and Maintenance Increase
In New York, child support is determined by a statutory formula which requires entering both spouse’s incomes. New York courts use this formula to come up with an appropriate obligation for child support and maintenance. For people that fall into the higher income bracket, the income amount is capped at a fixed amount but increases every two years based on the Consumer Price Index. Recently, some important changes and updates were announced for income caps for child support and maintenance.
What Are the Changes to the New York Income Cap for Child Support Calculations Effective March 1, 2024?
In New York, effective March 1, 2024, and lasting for the next two years, the statutory income cap for child support calculations is now $183,000 (which went up from $163,000). The statutory income cap for maintenance is now $228,000 (increased from $203,000).
The New York Child Supports Standard Act Provides a Formula and Guidelines for Calculating Child Support Payments
The New York Child Support Standards Act (CSSA) [DRL §240, FCA §413] is responsible for establishing a formula and guidelines for how child support payments are calculated in NY. The goal of the CSSA is to ensure that children are awarded appropriate and fair child support from their parents.
How Does the New York Child Support Standards Act Work?
There are a couple of factors that go into the CSSA. The CSSA is based off income calculation, support percentage, proportional responsibility, additional expenses, income cap, and modification and enforcement.
Income Calculation: this refers to salary, wages, pensions, and earnings. It comes to an adjusted gross income for each parent by deducting certain specified taxes and social security contributions from gross income.
Support Percentage: Support percentage associates a percentage to the combined parents’ income depending on the number of children to be considered for child support. Depending upon the number of children who are age 21 and less, the following percentages apply: 17% for one child, 25% for two children, 29% for three children, 31% for four children and no less than 35% for five or more children.
Proportional Responsibility: Proportional responsibility pertains to what each parent’s financial responsibility is in proportion to their income (based on combined parental income). For example, if a parent earns 80% of the combined income, they would be responsible for 80% of the child support contribution.
Additional Expenses: Additional expenses such as health insurance, childcare, and education are usually shared proportionally between both parents.
Income Cap: An income cap in New York can be applied to CSSA calculations. The court may consider factors such as what the parent’s finances are as well as what the children’s needs are to consider income above the statutory cap.
Modification of Child Support Orders: In New York, child support orders may be adjusted in certain circumstances, such as if 3 years have passed from a child support determination, a change in income or if there is substantial change in circumstances.
Enforcement of Child Support: Child support can be enforced via penalties for non-payment as well as collections actions.
Need Help With Child Support in New York?
Contact Sabra Law Group at (646) 472-7971 if you need assistance with divorce or child support matters. The New York divorce mediation and divorce lawyers at Sabra Law Group are here to assist you during divorce or a breakup.
