Child Support Lawyer Staten Island

New York calculates basic child support using a formula set out in the Child Support Standards Act, applied through both the Domestic Relations Law and the Family Court Act. Staten Island parents establishing a new support order, or responding to one, often want to understand how the percentage-based formula works and what counts as income for that calculation. Law Offices Of SRIS, P.C. advises parents on how the statutory formula applies to their circumstances and how a support proceeding fits alongside custody or divorce issues. The firm’s intake line is staffed 24/7, and a scheduled consultation can be requested by calling (888) 437-7747. This page summarizes the statutory framework that governs most New York child support determinations.

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The CSSA Percentage Formula

Domestic Relations Law § 240(1-b) and Family Court Act § 413(1) apply the same Child Support Standards Act formula, whether a case proceeds in Supreme Court as part of a divorce or in Family Court as a standalone support matter. The statutes set the child support percentage of combined parental income at 17% for one child, 25% for two children, 29% for three children, 31% for four children, and no less than 35% for five or more children. “Income” is defined in detail to include federal-tax gross income along with items such as investment income, deferred compensation, disability and unemployment benefits, and Social Security, reduced by deductions such as FICA and maintenance actually paid. The percentage applies to combined parental income up to a statutory cap described in Social Services Law § 111-i; for income above that cap, the court has discretion to apply the percentage, the statutory deviation factors, or both. Because the formula begins with a specific statutory definition of income rather than a parent’s take-home pay, self-employment earnings, bonuses, and certain benefits can all factor into the calculation even when they do not appear on a standard pay stub. The firm reviews a parent’s full income picture against that statutory definition before discussing what the CSSA formula is likely to produce for a given family.

The Self-Support Reserve and the Income Cap

Both Domestic Relations Law § 240(1-b)(b)(6) and Family Court Act § 413(1)(b)(6) define a “self-support reserve” as 135% of the federal poverty income guideline for a single person, stating a 1989 base figure of $8,065 that is revised every March 1 to track the current federal guideline. This reserve acts as a floor intended to leave a paying parent with a minimum amount of income for self-support. Separately, Social Services Law § 111-i sets the mechanism for the combined-income cap used in the basic CSSA formula, stating a 2014 base figure of $141,000 that increases every two years according to a Consumer Price Index formula, with the current adjusted figures published administratively rather than written directly into the statute. Because both figures are indexed rather than fixed, the firm confirms the currently applicable numbers against the state’s published child support standards chart rather than relying on outdated figures. Parents establishing a first-time support order and parents with an existing order both work from the same statutory formula and income definition, which means an accurate, current picture of both parents’ income is central to the analysis in either situation. The firm reviews pay records, tax filings, and other income documentation against the CSSA definition of income before discussing how the formula is likely to apply to a client’s family.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems that he applies to income analysis in support matters. The firm’s Of Counsel attorneys assist with New York family law matters as part of the firm’s broader practice.

The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment. The firm does not maintain a physical location in Staten Island, and it does not offer free consultations; individuals may request a scheduled consultation by calling (888) 437-7747. The firm’s intake line is staffed 24/7. The firm does not guarantee any particular outcome in any matter, and results depend on the facts and circumstances specific to each case.

Frequently Asked Questions

What percentage of income goes to child support in New York?

Under Domestic Relations Law § 240(1-b) and Family Court Act § 413(1), the basic CSSA percentages are 17% of combined parental income for one child, 25% for two, 29% for three, 31% for four, and no less than 35% for five or more children.

What counts as income for the child support formula?

The statutes define income broadly, starting from federal-tax gross income and adding items such as investment income, deferred compensation, and certain benefits, then subtracting specific deductions such as FICA and maintenance actually paid.

Is there a cap on the income used in the formula?

Yes. Social Services Law § 111-i sets the mechanism for a combined-income cap, starting from a 2014 base of $141,000 and adjusting every two years; the current adjusted figure is published in the state’s child support standards chart rather than stated in the DRL or FCA text itself.

What is the self-support reserve?

The self-support reserve is defined in DRL § 240(1-b)(b)(6) and FCA § 413(1)(b)(6) as 135% of the federal poverty guideline for a single person, with a stated 1989 base of $8,065 that is revised annually each March 1.

Can a court order support above the income cap?

Yes. For combined income above the statutory cap, the court has discretion to apply the CSSA percentage, the statutory deviation factors, or both, to income above that threshold.

Should I go through Family Court or Supreme Court for a support order?

Family Court Act § 413(1) and Domestic Relations Law § 240(1-b) apply the identical formula in either venue; whether a support issue proceeds in Family Court or as part of a Supreme Court divorce action depends on the overall posture of the case.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.