“Child Support” is a somewhat arbitrary concept. It represents the state legislature’s idea of what parents should be paying towards the support of their child. It covers all kinds of people in all kinds of situations throughout the state. It’s a “one size fits all” formula and, for the most part, does not take into consideration the actual cost of raising your child, the cost of living in your area, or any other factors unique to you and your child. 

If you mediate or negotiate a divorce, you have leeway to arrive at something that works for both of you and your children.  For some people, that can mean each party paying a percentage of the actual cost of bringing up the child. For others, it means negotiating a child support number that is higher or lower than the standard. 

For most people, the statutory child support number is a starting point – a standard that they use as a basis for their negotiate. 

With that in mind, many couples in mediation want to be informed as to how the law works.

New York

In New York, parents are obligated to provide child support until the child attains the age of 21 (not 18 or 19 as in some jurisdictions) provided the child has not been "emancipated" (in essence, self-supporting). New York has adopted the Child Support Standards Act (CSSA) which provides for the "presumptively correct" amount of child support when parents are not living together. New York law uses parent's gross income (with some adjustments) as the prime measure as opposed to the needs of the child. 

Under the CSSA, the child support percentages apply to the combined parental income up to $154,000 annually.  If your combined parental income is above that amount, the court has the discretion to apply the formula or to base the additional amount on the needs of the children and the financial ability of the parents. 

Although the statute does not define "custody", the courts have ruled that the parent that provides the "primary residence" for the children for more than 50 percent of the time is to be considered the "custodial" parent for the purposes of child support. And if you have a shared parenting arrangement, the courts have ruled that the parent who has the greater income must pay child support to the other.

The courts may ignore the CSSA calculation for any good reason. In mediation, you may ignore most of it, so long as you are advised of the provisions of the law, list income information and basic calculations, and explain the reason for deviating in your agreement.

Calculating Child Support in New York

First, determine the non-custodial parent's income, including regular self-employment income, and deducting FICA/Medicare, NYC/Yonkers income tax, maintenance/child support from prior marriage, and certain other deductions.  

Then, multiply the non-custodial parent's income by the applicable percentage:

17% for one child;
25% for two children;
29% for three children;
31 % for four children;
35% for five children or more.

The result is the non-custodial parent's BASIC child support obligation.

This basic child support does not include the cost of health insurance, non-insurance covered medical expenses, child care (to allow the custodial parent to work) or educational expenses -- these are commonly paid by each parent on a pro rata (percentage of income) basis. Basic child support also does not include the "extras" such as sports, hobbies, music and dance lessons, and similar additional expenses that are not needed to meet their basic needs. Many parents agree to share these expenses provided each agrees that it is a worthwhile activity and that you can afford to provide it.

Deviation from the Standard

Courts have discretion to deviate from the standard for various reason outlined in the CSSA including the financial resources of the parents, the health of the child and any special needs, the non-monetary contributions of the parents, the parents' incomes, the needs of any children from prior marriages and any other factor the court considers to be relevant.  Similarly, parties in mediation often consider whether to vary child support based on these kinds of factors. The percentage is often not considered "the law", but a starting point in a discussion focused on the actual needs of the child.

Modifying Child Support Over Time

The New York statute provides that child support may be modified in the future:

• If there has been a “substantial change in circumstances”, or

• if three years have passed since the last child support order, or 

• if there has been a change in either party's gross income by 15% or more since the last child support order. 

New York also allows adjustment for child support due to the increased cost of living provided at least two years has passed and there has been a change of at least 10% from the last order.

In mediation, we often come up with a simple formula to address the issue of change of circumstances.  For example, child support can be reevaluated periodically and adjusted based on the parties' relative incomes.  In which case, the formula negotiated in mediation would take precedence over the default statutory provisions (except that any party could always apply to a court for relief if there were a substantial change in circumstances). 

Child Support while the Child is at College

Although the obligation to pay child support ends at the age of 21, divorcing couples often agree to continue child support while the child is going to college full-time, subject to a cap (often 22 or 23).  

If the child goes away for college, child support payments are sometimes reduced since the cost to the custodial parent is less while the child is not living at home.  

Calculators

As part of our practice, we use Family Law Software to make child support and other financial calculations.  

If you would like a quick read on how child support and spousal support calculations apply, you can use this calculator from the NYC Human Resources Administration Child Support Calculator to get a rough idea. 

New Jersey

In New Jersey, child support is based the New Jersey Child Support Guidelines which are contained in New Jersey Court Rule 5:6A and Appendix IX.  As in New York, we use Family Law Software to make these calculations.

Unlike New York, the New Jersey guidelines take into consideration time spent by the non-custodial parent with the child. There are two sets of guidelines -- one that applies to "sole parenting" (usually applies when children spend no more than two overnights per week with the noncustodial parent) and another that applies to "shared parenting" (where children spend more than two overnights per week with the non-custodial parent).

If you would like a quick rough read on how these guidelines work, New Jersey has a quick support calculator here.  

When calculating child support, the guidelines express support in terms of weekly payments.  To arrive at monthly amounts, you need to multiply the weekly figures by 52 and then divide the result by 12. 

The guidelines provide for basic child support only.  Unreimbursed medical expenses, child care to enable the custodial parent to work, educational expenses, agreed extra-curricular activities are considered "add-ons" and are usually divided proportionately based on the parents' respective incomes. 

Under a new law taking effect in 2017, the age of "emancipation" in New Jersey is 19 (as opposed to 18 under prior law).  

Although the obligation to pay child support ends at the age of 19, divorcing couples often agree to continue child support while the child is going to college full-time, up to the age of 23.  

If the child goes away for college, child support payments are sometimes reduced since the cost to the custodial parent is less while the child is not living at home.