Child Support Above the Cap: Understanding How New York Courts Calculate Support for Higher Income Earners

When parents have a combined income exceeding the New York Child Support Standards Act (CSSA) cap, calculating child support becomes more complex. Our experienced attorneys at Veridian Legal can help you navigate this process and ensure your child receives the appropriate level of support.

The Child Support Standards Act (CSSA) and Income Cap

The Child Support Standards Act (CSSA) provides guidelines for calculating child support in New York. It uses a formula based on the parents' combined income and the number of children. However, the CSSA has an income cap, currently set at $183,000 (effective March 1, 2024). This means that if the combined income of both parents exceeds this amount, the standard formula may not be sufficient to determine the appropriate level of support.

For incomes below the cap, the CSSA applies fixed percentages to determine the basic child support obligation:

• One Child: 17%

• Two Children: 25%

• Three Children: 29%

• Four Children: 31%

• Five or More Children: No less than 35%

Challenges for Self-Employed and Independent Contractors

Determining income for self-employed parents and independent contractors can be more challenging than for those with traditional employment. Self-employed individuals may have fluctuating incomes, and their business expenses can sometimes be intertwined with personal expenses. This can make it difficult to accurately assess their true income for child support purposes.

Calculating Child Support Above the Cap

When the parents' combined income exceeds the CSSA cap of $183,000, the court has the discretion to deviate from the standard formula and order a higher amount of child support. In making this determination, the court will consider several factors, including:

• The financial resources of both parents and the child.

• The child's special needs and health requirements.

• The standard of living the child would have enjoyed had the parents remained together.

• The tax implications of child support payments.

• Each parent's non-financial contributions to the child's life.

• The educational needs of the parents.

• The disparity in income between the parents.

• The paying parent's financial obligations to other children.

• The amount of time and expense the non-custodial parent spends with the child during visitation.

Add-On Expenses and Child Support Above the Cap

In addition to the basic child support obligation, parents may be responsible for "add-on" expenses. These are additional costs related to the child's upbringing, such as:

• Unreimbursed medical expenses

• Childcare costs necessary for the custodial parent to work

• Private school tuition

• Extracurricular activities

Add-on expenses are typically divided between the parents in proportion to their incomes, regardless of whether the basic support calculation is based on the standard formula or a deviation above the cap.

Deviating from the Child Support Standards Act

With court approval, parents can agree to deviate from the CSSA guidelines and create a child support agreement that better suits their unique circumstances. This can be beneficial in cases where the standard formula doesn't adequately address the child's needs or the parents' financial situations.

Deviating from the CSSA FAQ:

• What if my income fluctuates significantly? If your income varies, it's important to provide the court with a complete picture of your financial situation, including tax returns, pay stubs, and any other relevant documentation.

• How can I prove my income if I'm self-employed? If you're self-employed, you'll need to provide detailed records of your business income and expenses, such as profit and loss statements, tax returns, and bank statements.

• What if the other parent tries to hide income? If you suspect the other parent is hiding income, we can help you investigate and gather evidence to support your case.

• Can I request a deviation from the CSSA even if my income is below the cap? Yes, you can request a deviation if there are special circumstances that warrant a different support amount, such as a child's extraordinary medical expenses.

• How are add-on expenses calculated when income is above the cap? Add-on expenses are typically divided between the parents in proportion to their incomes, regardless of whether the basic support calculation is based on the standard formula or a deviation above the cap.

Do I Need an Attorney for Child Support Cases Above the Cap?

Yes, it is highly recommended to have an experienced attorney represent you in child support cases involving income above the cap. These cases can be complex and require a thorough understanding of the CSSA and relevant case law. An attorney can help you:

• Gather and present evidence of your income and expenses.

• Negotiate with the other parent or their attorney.

• Advocate for your child's best interests in court.

Contact Veridian Legal for Expert Assistance

Child support cases involving income above the CSSA cap can be complex and require skilled legal representation. Veridian Legal's experienced attorneys can help you navigate the process, gather the necessary documentation, and advocate for your child's best interests. Contact us today for a consultation.