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New York Child Support Laws

New York child support is calculated based upon the Child Support Standards Act. The amount of child support arrived at under the Act is presumed to be correct unless there is a showing that the amount of child support would be unjust or inappropriate. The factors considered by a New York court in determining the inappropriateness or justness of a child support award are:

• the financial resources of the child;

• the standard of living the child would have enjoyed if the marriage had not been dissolved;

• the physical and emotional health of the child and any special needs or aptitudes of the child;

• the financial resources, needs, and obligations of both the non-custodial and the custodial parent;

• the tax consequences to each parent;

• the non-monetary contributions that the parents will make towards the care and well-being of the child;

• the educational needs of either parent;

• whether one parent's income is substantially less than the other parent's;

• the needs of other children of the non-custodial parent;

• if the child does not receive public aid: any extraordinary expenses required for the non-custodial parent to exercise visitation rights; and

• any other relevant factors.

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