Most states have child support guidelines in their statutes—often in the statutes collected in the state’s family code. These child support guidelines provide percentages and methods of calculating child support payments based on the number of children; the parents’ incomes and financial resources; the income and needs of the custodial parent; the needs of the children, including any special needs; and the standard of living for the children before the parents’ divorce or separation. The child support guidelines are just guidelines, and the court generally has discretion to order more or less child support based on the best interest of the children.
In New York State, child support guidelines are established by the Child Support Standards Act (CSSA), which is codified in the Family Court Act and the Domestic Relations Law. These guidelines are designed to ensure that children receive fair and adequate support from their parents. The amount of child support is calculated based on a percentage of the non-custodial parent's adjusted gross income and the number of children to be supported. For one child, the percentage is 17%, for two children it's 25%, for three children 29%, for four children 31%, and for five or more children at least 35%. The court also considers the financial resources of both parents, the child's needs, and the standard of living the child would have enjoyed had the marriage or household not been dissolved. While these guidelines provide a framework for determining child support, New York courts have the discretion to deviate from the guidelines if the calculated amount is deemed unjust or inappropriate, considering factors such as the financial resources of the parents and children, the health and educational needs of the child, and the non-monetary contributions that the parents will make towards the care and well-being of the child. The best interest of the child is always the paramount concern in these determinations.