Child Support and Spousal Support: What is new?
Navigating the laws surrounding child support and spousal support can present challenges, particularly given the prevalence of misinformation. It is important to note that calculation amounts are subject to annual adjustments.
As of 2025, spousal support or maintenance obligations are calculated based on an income cap of $228,000 for the payor spouse. This amount serves as a baseline; however, judicial discretion allows for awards exceeding this cap after considering various factors outlined in the statute governing maintenance. Thus, if you are the spouse seeking spousal maintenance be prepared to show circumstances that would justify the Court configuring the award on income above $228,000 and that are in line with the enumerated factors set forth in the statue.
Individuals should remain up to date with the latest guidelines and regulatory changes, as both state and federal statutes may influence support determinations. Consulting official sources or qualified legal professionals is advisable to ensure a clear understanding of one’s responsibilities and rights under current law.
If you are contemplating an action for child support you should familiarize yourself with the following information
Child support guidelines and calculations
Income approach:
In calculating the child support obligation, the court will take the combined parental income for applying the child support percentage guidelines up to a total cap of $183,000 per year. The Court can go over that cap in its discretion and based upon the statute’s enumerated factors. If you are the spouse seeking child support you will argue why there are extenuating circumstances to warrant configuring child support on an amount above the statutory cap. If you are arguing against a hefty child support award you would argue the statutory guideline amount.
- Statutory percentages:
New York Courts will then apply a fixed percentage of the combined parental income, to wit, 17% for one child, 25% for two children, 29% for three, 31% for four, and 35% for five or more children.
- Other costs:
In addition to basic support, a non-custodial parent is mandated to pay a prorated share of other expenses, such as healthcare, medical insurance, unreimbursed or uncovered medical expenses, childcare, and education expenses. Sometimes the Court will even consider extracurricular activities, but this would be a discretionary add-on and not a mandatory add-on.
- Modification and adjustment:
Child support orders can be amended if you can show that there has been a substantial change in circumstances, if three years have passed and if either of the parties’ income has changed by 15%. Be sure to ask the Court to provide for COLA increases. You would want a provision to be placed in the Order stating that your Order is eligible for a Cost-of-Living Adjustment (COLA) based upon any upward change in the Consumer Price Index (CPI-U) by 10% since the date of the last Order or modification.
OTHER NEW DEVELOPMENTS:
N.Y. Dom. Rel. Law § 240-D requires parents to support disabled dependents up to age 26 if conditions like autism, cerebral palsy, schizophrenia, or Down syndrome began before age 22 and will likely continue indefinitely. Eligibility is based on legal standards, not just diagnosis, and support only applies if the adult lives with and is primarily cared for by the child support recipient.
Further, an interesting development is the New York’s Parental Equity Act, enacted on December 30, 2022, which guarantees equal treatment of mothers and fathers in custody cases, focusing on parental ability rather than marital status. Previously, unmarried fathers could face challenged unless they paid child support or appeared in state records and parent registries, which restricted their access to petition for child custody. The Act removes these barriers, giving all parents equal consideration and prioritizing the child’s best interests.