General
Citation: N.Y. Dom. Rel. Law. § 240(1-b)
Last Updated:
Authority: Statute
Guidelines Model: Percent-of-Obligator Income
Economic Study: van der Gaag
Income Base: Gross Income
Guidelines Responsibility:
Guidelines Approval:
Last Guidelines Review (2016)
Previous Guidelines Review (2012)
Basic Child Support Obligation (BCSO) Schedule
Last Updated:
Income Measure:
No. of Children Categories:
Minimum Combined Gross Monthly Income:
Minimum Award:
Maximum Monthly Gross Income:
More than Maximum Income:
BCSO Factors/Assumptions/Adjustments
Age: No
Cost of living:
Expenditures Measurement:
Low-Income: Yes
Medical Expenses:
Parenting Time:
Poverty Level:
Price Level:
Taxes:
Low-Income1
SSR/LI Adjustment Amt: 135% of FPL/one person. Revised every each year
Discretionary: No
SSR/LI Adjustment Application: N/A
Deviation Criteria: N/A
Threshold Income: N/A
Limitations: Where annual child support amount would reduce obligator’s income below FPL, support is $25/month. If obligator’s income more than FPL but less than SSR (13% of FPL), $50/month or difference between income and SSR(whichever greater)
Minimum Child Support Amount: Yes
Limitations on Minimum Child Support Amount: N/A
Notes: SSR based on FPL for one person must be revised each year to reflect annual updated FPL
Deviation Factors
1. Education Expenses
Medical Expenses
Ordinary:
Extraordinary:
Childcare Expenses
Added to Basic Child Support Obligation
Education Expenses
Deviation factor
Modification
Variance in child support of at least 10%
Duration
Age of Majority: 18 years of age;
Ends: Age of Majority but child support may continue until the child reaches 21 years of age
Statute: Family Court §413(1)a
College Support beyond Age of Majority: The court may award educational expenses, such as for college or private school or for special enriched education. A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so.
Citation:N.Y. Dom. Rel. Law § 240(1-b)(c )(7) See Setford v. Cavanaugh, 175 A.D.2d 665, 572 N.Y.S.2d 591 (1991).
Exception for Adults with Disabilities:
Criminal Penalties for Nonpayment3
Citation: N.Y. Penal Code, §260.05 ; N.Y. Penal Code, § 260.06
Crime: Class A Misdemeanor; Class E Felony
Maximum Penalty: 1 year, $1,000; 4 years, $5,000
Interest and Arrears4
Arrears: Yes
Summary: 9% on arrearages reduced to a money judgment by court.
Statute: N.Y. Civ. Practice Law and Rules § 5004 Interest shall be at the rate of nine per centum per annum, except where otherwise provided by statute.
License Restrictions for failing to pay Child Support2
Citation:
Type:
Threshold:
Reinstatement:
State Contact
Name: Ms. Eileen Stack
Title: Assistant Deputy Commissioner
Email:
Phone Number: (888) 208-4485
Address: 40 North Pearl Street, 13th Floor, Albany, New York 12243-0001
Links
Child Support Calculator
Child Support Guidelines
FindLaw
References
1Judicial Council of California, Review of Statewide Uniform Child Support Guideline, October 25, 2017
2https://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx
3https://www.ncsl.org/research/human-services/criminal-nonsupport-and-child-support.aspx
4https://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx
5https://www.ncsl.org/research/human-services/termination-of-child-support-age-of-majority.aspx