Support in New York (2026)

New York’s Statutory Maintenance Formula

New York is one of the few states that uses detailed statutory formulas to calculate both temporary and post-divorce spousal maintenance (the term New York uses instead of “alimony”). These formulas provide a degree of predictability that many other states’ discretionary systems lack, though courts retain the authority to deviate when the formula result would be unjust.

Temporary Maintenance Formula

Under DRL Section 236(B)(5-a), the court calculates temporary maintenance by computing two amounts and awarding the lower of the two:

• Formula A: 30% of the payor’s income minus 20% of the payee’s income
• Formula B: 40% of combined income minus the payee’s income

The result cannot reduce the payor’s income below the self-support reserve, which is tied to the federal poverty level. These formulas apply to income up to a statutory cap that is adjusted periodically — as of recent years, the cap is approximately $228,000 for the payor’s income. For income above the cap, the court exercises discretion based on enumerated statutory factors.

Post-Divorce Maintenance Formula

Post-divorce maintenance uses a similar approach under DRL Section 236(B)(6). The court applies the formula to income up to the cap, and then may exercise discretion for income above that level. The formula produces an advisory amount, but the court may deviate based on factors including:

• The income and property of each party
• The length of the marriage
• The age and health of both parties
• The present and future earning capacity of each party
• The need of one party to incur education or training expenses
• The existence and duration of a pre-marital joint household
• Acts by one party that inhibited the other’s earning capacity (such as domestic violence)
• The wasteful dissipation of marital property
• Contributions and services as a spouse, parent, wage earner, and homemaker

Advisory Durational Guidelines

New York provides durational guidelines for how long post-divorce maintenance should last, based on the length of the marriage:

• Marriage of 0-15 years: 15-30% of the marriage length
• Marriage of 15-20 years: 30-40% of the marriage length
• Marriage of 20+ years: 35-50% of the marriage length

These are advisory, not mandatory. The court may award maintenance for a longer or shorter period based on the circumstances.

For a detailed breakdown of how these formulas apply in practice, see our guide on New York’s spousal maintenance formula.

How New York Calculates Child Support

New York uses an income shares model governed by the Child Support Standards Act (CSSA), codified in Domestic Relations Law Section 240. The CSSA provides a formulaic approach that combines both parents’ incomes and applies a statutory percentage based on the number of children.

The calculation follows these steps:

1. Determine each parent’s gross income. This includes wages, salary, commissions, overtime, bonuses, investment income, rental income, workers’ compensation, disability benefits, unemployment insurance, Social Security, pensions, and virtually all other recurring income sources.
2. Subtract FICA taxes (Social Security and Medicare) and New York City or Yonkers income taxes (if applicable) to arrive at each parent’s adjusted gross income.
3. Combine the parents’ adjusted incomes up to the statutory income cap.
4. Apply the CSSA percentages to the combined parental income:
   • 1 child: 17%
   • 2 children: 25%
   • 3 children: 29%
   • 4 children: 31%
   • 5 or more children: 35%
5. Prorate the obligation between the parents based on each parent’s share of the combined income.

The noncustodial parent’s prorated share is the presumptive child support order.

For more on how different states handle these calculations, see our guide on how child support is calculated.

The Income Cap

New York applies the CSSA percentages to combined parental income up to a statutory cap, which is adjusted periodically. As of recent years, this cap is approximately $163,000 in combined parental income. For income above the cap, the court has discretion to apply the same percentages, a different formula, or no additional amount — depending on factors such as the child’s needs, the standard of living the child would have enjoyed had the household remained intact, and each parent’s financial resources.

Courts frequently do apply the CSSA percentages to income above the cap, particularly in cases where the combined income is not dramatically above the threshold.

You can estimate a preliminary figure using our child support calculator.

Child Support Until Age 21

One of New York’s most significant distinctions from other states is that child support continues until the child turns 21, not 18. This is notably later than the cutoff in the vast majority of other states. Support may end earlier if the child becomes emancipated, marries, enters military service, or becomes self-supporting.

This extended obligation means that New York parents may be paying or receiving child support for three additional years compared to most other states, which can have a substantial impact on long-term financial planning. For a comprehensive look at how this works, see our guide on child support until age 21 in New York.

Additional Expenses Beyond Basic Support

In addition to the basic child support obligation, the CSSA requires the parents to share certain add-on expenses proportionally. These include:

• Child care costs that allow the custodial parent to work, seek employment, or attend school or vocational training
• Health insurance premiums for the child, which the court will typically order the parent with access to more affordable coverage to maintain
• Unreimbursed medical expenses exceeding $250 per year, split in proportion to each parent’s income
• Educational expenses, which the court may order in its discretion, particularly for private school if the child was already enrolled during the marriage

Modifying Child Support in New York

A child support order can be modified upon a showing of a substantial change in circumstances. New York law also allows modification if either parent’s income has changed by 15% or more since the order was entered, or if three years have passed since the order was issued or last modified.

Modification applies only going forward. Arrears that accrued before the date a modification petition was filed cannot be reduced retroactively, regardless of the reason.

Enforcement of Child Support Orders

New York’s Support Collection Unit (SCU) and the Department of Social Services enforce child support orders through various mechanisms:

• Automatic income withholding from wages
• Interception of tax refunds
• Suspension of driver’s, professional, and business licenses
• Seizure of bank accounts and financial assets
• Credit bureau reporting
• Contempt proceedings, which can result in up to six months of incarceration
• Denial or revocation of passports for arrears exceeding $2,500

Termination of Maintenance

Post-divorce maintenance automatically terminates upon the death of either party, the remarriage of the recipient, or by the terms specified in the court order. Cohabitation by the recipient may also be grounds for modification or termination, but it does not trigger automatic termination — the payor must file a petition and demonstrate that the cohabitation constitutes a de facto marriage or substantially reduces the recipient’s financial need.

When to Seek Legal Guidance

New York’s formulaic approach to child support and maintenance provides some predictability, but the court’s discretion above the income cap and the many factors influencing duration and amount can create significant variability. If your situation involves income above the CSSA cap, self-employment, complex assets, or disputed custody arrangements, professional guidance can help you understand your likely obligations or entitlements. Consider scheduling a free consultation to evaluate your options.

Frequently Asked Questions

What child support model does New York use?

New York uses an income shares model under the Child Support Standards Act (CSSA), applying statutory percentages to combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more children. These percentages apply up to a statutory income cap of approximately $163,000 in combined parental income.

Until what age does child support last in New York?

Child support in New York continues until the child turns 21, which is notably later than the age-18 cutoff in most other states. Support may end earlier if the child becomes emancipated, marries, enters military service, or becomes self-supporting.

What triggers a modification of child support in New York?

New York allows modification upon a substantial change in circumstances, or if either parent’s income has changed by 15% or more since the order was entered, or if three years have passed since the order was issued or last modified.

What types of maintenance does New York recognize?

New York distinguishes between temporary maintenance (during divorce proceedings, calculated by formula) and post-divorce maintenance (part of the final judgment). Post-divorce maintenance uses advisory durational guidelines based on the length of the marriage, with the court retaining discretion to deviate.

How is the temporary maintenance formula calculated in New York?

The court computes two amounts and awards the lower of the two: (1) 30% of the payor’s income minus 20% of the payee’s income, or (2) 40% of combined income minus the payee’s income. The result cannot reduce the payor’s income below the self-support reserve (tied to the federal poverty level). These formulas apply to income up to a statutory cap of approximately $228,000, with the court exercising discretion for income above that level.

How This Guide Was Researched

This guide was developed through a detailed review of the New York Child Support Standards Act (CSSA) as codified in Domestic Relations Law Section 240, including the statutory percentages, income cap, and deviation factors. Maintenance formulas were verified against DRL Section 236 Part B, including the temporary maintenance calculation under Section 236(B)(5-a) and the post-divorce maintenance provisions under Section 236(B)(6). Enforcement mechanisms were confirmed through the Family Court Act Sections 451 through 455 and publications from the New York State Office of Temporary and Disability Assistance. Income caps and self-support reserve figures were cross-referenced with current New York court administrative guidelines.

Sources and Legal References

This guide draws on the following New York statutes and official resources:

• NY Domestic Relations Law Section 240 — Child Support Standards Act (CSSA): income percentages, income cap, and deviation factors
• NY Domestic Relations Law Section 236 Part B — Equitable distribution and maintenance provisions
• DRL Section 236(B)(5-a) — Temporary maintenance formula (30%/20% and 40% calculations)
• DRL Section 236(B)(6) — Post-divorce maintenance factors and advisory durational guidelines
• NY Family Court Act Sections 413, 451-455 — Child support proceedings and enforcement in Family Court

Official New York Resources

• NY CourtHelp — Divorce
• New York Courts — Divorce Resources

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

New York-Specific Guides

• New York’s Spousal Maintenance Formula
• Child Support Until Age 21 in New York
• Child Custody in New York
• Divorce in New York

National Guides

• How Child Support Is Calculated
• How Alimony Works
• Child Support Enforcement
• How to File for Child Support