Establish Order
Establish Order
The Child Support Program can help a parent or guardian file a petition in Family Court for an order of support.
How is the amount of support decided?
The court uses a standard guideline to calculate what the other parent will pay, based on the parents' adjusted gross income and on the number of children involved. The court first determines the parents' gross income, and then makes certain deductions (including Medicare, Social Security, and New York City or Yonkers tax) to establish the parents' adjusted gross income. The court then multiplies the adjusted gross income by the standard 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
Then each parent's share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.
For the combined parental income amount over $183,000, the court may consider either the standard guideline percentages and/or other factors in setting the full child support obligation.
When a parent has applied for or is receiving our services, a child support order directs the other parent to pay child support to the Support Collection Unit (SCU). The SCU collects, tracks, and disburses payments to the custodial parent. However, if the custodial parent is receiving public assistance, child support collections received will be paid to the State and to the social services district for reimbursement of up to the total amount of Temporary Assistance that has been paid.