This is a sample Child Support calculation.
Click here to use our New York Child Support Calculator.
By using this calculator you expressly acknowledge that:
- No content is considered legal advice. Always consult an attorney.
- All content is based on Support Studies' views and interpretations of Illinois child support laws and the Illinois Child Support Guideline as of February 2013.
- The greatest care has been taken for accuracy relative to the Florida Child Support Formula. However, your results as calculated by the state of Florida may be different than the results presented here.
The bottom line monthly child support payment is $975.00
1) A base support payment of $750.00.
2) An additional $75.00 net for insurance premiums.
3) An additional $150.00 net for child care expenses.
Where does that number come from?
Adjusting For Children Outside the Case
New York law does allow for deviations due to children outside of the support case being calculated. However, there is no default formula to handle such adjustments and they are at the discretion of the court.
Expenses as estimated by New York
According to the New York support formula, the monthly base support amount is $1,500.00 monthly, as reflected in the Total Basic Support Obligation. That number is before any consideration for child care, medical, and possible other expenses which are handled separately.
He is responsible for 50.0% of that amount and pays you $750.00 each month.
You are considered responsible for 50.00%. The state of New York presumes that you will spend a state-calculated $1,500.00 each month on the children: $750.00 from him plus an additional $750.00 of your own income.
What about his child rearing expenses?
The default New York formula does not account for any child rearing expenditures he makes during his 100 days with the children.
The default New York formula sets his base payment to you at $750.00 whether the children spend 0 days or 100 days with him.
Put differently, he is credited with $0.00 of the basic support obligation for his own direct spending on the children.
Your Average Daily Share of Base Support
The formula results in a presumed base child rearing budget in your household averaging $67.92 each of your 265 days with the children before child care and medical.
He contributes an average of $33.96 in base support for each of your 265 days with the children.
In addition to his payment you are presumed to spend an additional $33.96 of your own income each day on child rearing, totaling a base child rearing budget averaging $67.92 each of the 265 days the children are in your household. These numbers are before child care and medical.
His Average Daily Share of Base Support
His time with the children is not an input to the formula and has no impact on the support payment.
By default, He is credited with $0 direct spending, as reflected in the total basic support obligation and the New York formula handling of days.
What About Food?
By comparison, the 2012 USDA estimated moderate-cost food menu for 2 children is $17.02. In other words, based on the USDA moderate-cost diet each day the children are with him, you save approximately $17.02 and he spends $17.02 on food for the children.
And After Food?
After food expenditures, you have $50.90 remaining of your $67.92 state-estimated child rearing expenditures as averaged each of 265 days.
Considering that the presumptive New York formula does not adjust payments based on his time with the children, after food expenditures he has -$17.02 remaining of his $0 default adjustment for his parenting time. After food that's -$8.51 per child each of 100 days with him.
Annually, food alone leaves him with -$1,702.00 for childrearing expenditures relative to the $0 base support amount the state credits him spending during his time with the children.
Food and Base Spending
If he spends $17.02 on child-related food expenditures and you save $17.02 in child-related food expenditures each of his 100 days with the children, then:
After support payments and direct spending on only food, he contributes $891.83 each month toward the state-estimated costs of base child rearing.
Based on the state calculation of $1,500.00 monthly total basic support obligation, after support receipts of $750.00 and your savings on food alone, your direct financial contribution to base child rearing is $608.17 per month.
Any additional spending by him during the children's time with him further increases his financial contribution through direct spending without reducing the payments.
You share responsibility for Medical Insurance Premiums.
Because you pay $150.00 in insurance premiums for the children each month and he pays $0.00 payments are adjusted as follows.
He contributes 50.00% of your expenditures on child-related medical premiums, or $75.00.
For medical expenses not covered by insurance, he may be ordered to pay 50.00%, if calculated on a pro rata basis.
Medical Insurance brings the monthly support payment after base support and insurance premiums to $825.00.
You share responsibility for Child Care expenditures.
New York law states that the non-custodial parent contributes to custodial child care expenses, but does not state that the custodial parent contributes to non-custodial child care expenses.*
Because you pay $300.00 in child care each month and he pays $0.00 payments are adjusted as follows.
He contributes 50.00% of your child care expenditures, or $150.00.
This brings the monthly support payment after base support, insurance premiums and child care to $975.00.
If anyone knows of reference in the default formula that stipulates the non-custodial parent is entitled to reimbursement for direct spending on child care, please contact us.
In addition to the basic support obligation and any court-ordered contributions to child care, medical insurance and out-of-pocket medical expenses, the court may order additional support for education:
"Where the court determines, having regard for the circumstances of the case and of the respective parties and in the best interests of the child, and as justice requires, that the present or future provision of post-secondary, private, special, or enriched education for the child is appropriate, the court may award educational expenses. The non-custodial parent shall pay educational expenses, as awarded, in a manner determined by the court, including direct payment to the educational provider."
Isn't education part of the base obligation?
Before any considerations for college savings or private school, New York already estimates 32.50% of your combined gross pre-tax income goes to base childrearing, child care and health insurance.
Unless both parents pay $0 taxes and spend 100% of their income, that is a much greater percent when looked at as a percent of expenditures. A deviation ordering increased payments for college would increase that percent further.
And the bottom line after food?
Taking New York's total base support amount of $1,500.00 as given, and using the USDA moderate-cost daily child rearing food budget as a benchmark, then:
Your child care spending: $300.00
Your health insurance spending: $150.00
Your monthly direct base support spending as calculated by New York: $1,500.00
Less your savings on food alone during the children's time with him of $141.83
Less your child support receipts of $975.00
Equals a total financial contribution of: $833.17
His monthly direct base support spending as calculated by New York: $0.00
Plus his spending on food alone during the children's time with him: $141.83
Plus his child support payments of $975.00
Equals a total financial contribution adjusted for USDA food expenditures of: $1,116.83
Total child rearing expenditures calculated by New York and adjusted for only the transferred expenses of food: $2,091.83, 34.86% of combined gross income.
What Are The Stakes?
In New York, whoever is determined the custodial parent is attributed 100% of the base support obligation by default.
Regardless of the division of time with the children, the net difference in terms of household finances between custodial and non-custodial status is $1,500.00 each month before considering medical, childcare and education.
New York's guideline does provide provisions for extraordinary spending by the NCP, but it is not part of the formula, NCP time does not impact the presumptive amount and deviations, if any, are left up to judicial discretion.