How Does A New York Court Determine How Much Child Support to Award Above the Income Cap?

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In New York Courts the calculation of child support is based on a standard formula up to an ‘income cap’ which may change year to year based on such factors as inflation and costs of living. For the year 2022 the income cap is $163,000. What happens when the parties’ income exceeds that income cap? How does the court decide how much additional child support to award beyond the income cap?

Pursuant to New York law, the Court’s decide whether to award additional child support beyond the income cap by holding a hearing about the child’s needs and standard of living. The Court then awards additional support based on the needs of the child or the child’s standard of living, whichever is greater See, MATTER OF JULIANA R. v. OBIAJULU N., 199 AD 3d 476 [1st Dept. 2021], citing, FCA 413(1)(K).

If you are interested in having a consultation about child support or other divorce and family law needs contact Diana Mohyi Attorney at Law.

Published by Diana Mohyi Attorney at Law P.C.

Divorce & Family Law Attorney Licensed in Michigan & New York

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