Child Support Standards Act

Child support payments are determined through a special formula, known as the Child Support Standards Act, also known as the CSSA.  The CSSA was created to ensure that judges and support magistrates create fair and consistent support orders.

What is the CSSA Child Support Standards Act

The Child Support Standards Act is found in Domestic Relations Law 240. The CSSA requires that the basic child support be set as a fixed percentage of parental income depending on the number of kids. The CSSA guides the court on how to determine the family’s income and what percentage of that income must be paid for as child support.

How is Child Support Standards Act Applied?

The Family Court or Supreme Court first determines the income of each parent.  Income is defined as wages, disability payments, unemployment insurance, worker's compensation payments, and other payments.  A court can include other payments in a party’s income.

Once the court decides the party’s income, they subtract out certain taxes, including FICA:

• Social Security tax paid

• Medicare tax paid

• New York City income taxes paid

• Yonkers income taxes paid

Federal and State income taxes are not subtracted from income.

Support actually paid to a spouse not a party to or on behalf of a child not subject to the current divorce or support petition will also be removed from income.

The figures that remain are the parents’ adjusted income.

The court adds the income of both parents together.

Next, the court sets the basic child support figure by multiplying the parents’ income by the guideline percentage for the number of children. These percentages are as follows:

17% for one child

25% for two children

29% for three children

31% for four children

at least 35% for five or more children.

What is the CAP?

Parents involved in child support matters will hear the term “cap” often.  The cap is an artificial figure that the court must apply the CSSA percentages to when determining the basic award for child support.

The current cap for 2022 is $163,000.00, however this figure can change.

If the parents’ combined income is over $163,000.00, the judge or magistrate must use the Child Support Standards Act’s percentages when determining basic support.

Can the Court Order an Award of Child Support Above the cap?

The court is able to award child support above the cap.  The court can consider certain facts when deciding if they should award child support above the cap and the percentage of the income that should be considered for child support purposes.

The Child Support Standards Act Concludes by Applying the Parent’s Pro Rata Share

Once the basic child support figure is decided, the court will determine the pro-rata share of support owed by each parent.  The noncustodial parent is responsible for paying the custodial parent (the parent with physical custody) the child support amount.

The parents, with the court’s permission, have a right to deviate from the Child Support Standards Act.

Our Attorneys Can Help Navigate the Difficulties of the Child Support Standards Act

Daniel Szalkiewicz and Cali Madia are experienced lawyers at arguing the Child Support Standards Act.  We fight for your percentage above the cap to make sure a fair support figure is entered.