Health insurance, child care and education costs in New York child support (2026)

Does child support cover daycare in New York?

Child care is added on top of basic support. Under Family Court Act § 413(1)(c)(4), when the parent the children live with is working, or is in elementary or secondary school, or in higher education or vocational training that the court finds will lead to work, and has child care costs as a result, the court shall decide what reasonable child care costs are and share them in proportion to the parents’ incomes. Each parent’s share is stated separately in the order and added to basic support.

Child care while that parent is looking for work is different: the court may share it, but does not have to (§ 413(1)(c)(6)).

For one child, with $6,000 a month for the other parent, $4,000 for the parent the children live with and $800 a month of child care paid by the parent the children live with:

How New York gets to $1,421.97 a month

In New York: 1 child; the parent the children live with earns $4,000 a month and the other parent $6,000, before tax; child care of $800 a month, paid by the parent the children live with.

1. Take off Social Security and MedicareFCA § 413(1)(b)(5)(vii)(H) and DRL § 240(1-b)(b)(5)(vii)(H), FICA paid

   Social Security and Medicare come off each income: the other parent $6,000 − $459.00 = $5,541.00, and the parent the children live with $4,000 − $306.00 = $3,694.00 a month. $3,694 + $5,541 = $9,235 a month. The other parent's share is $5,541 ÷ $9,235 = 60%.

   60%

2. Apply the percentage up to the capFCA § 413(1)(b)(3) and (1)(c)(2) and DRL § 240(1-b), percentages and the cap

   $9,235 × 12 = $110,820 a year, within the $193,000 cap. 17% × $110,820 = $18,839.40 a year for both parents. The other parent's share: $18,839.40 × 60% ÷ 12 = $941.97 a month.

   $941.97

3. Add the share of child careFCA § 413(1)(c)(4), (5) and (d), DRL § 240(1-b)(c)(4), (5), child care and health insurance

   60% of the $800 of child care the parent the children live with pays is $480.00. $941.97 + $480.00 = $1,421.97.

   $1,421.97 a month

Who pays for the child’s health insurance in New York?

Family Court Act § 416(e) decides which parent provides coverage:

Situation	Who provides coverage
The children already have coverage	It is kept, unless a parent asks the court to decide under the rules below
Only one parent has coverage available	That parent
Both parents have coverage available	Either or both, as the court decides, considering cost, how comprehensive it is, and the children’s best interests
Neither parent has coverage available	The parent the children live with applies for the state’s child health insurance plan and Medicaid

“Available” means reasonable in cost and reasonably accessible. Coverage is presumed reasonable in cost if adding the children costs no more than five percent of the parents’ combined gross income, and never reasonable if a parent’s share would push that parent’s income below the self-support reserve. It is presumed accessible if the children live in the plan’s area or within thirty minutes or thirty miles of covered care (§ 416(d)).

How is health insurance split between the parents?

In proportion to income, under § 413(1)(c)(5)(ii):

• if the parent the children live with provides coverage, the other parent’s share of the cost is added to basic support;
• if the other parent provides it, the share of the parent the children live with is subtracted from basic support.

One child, $6,000 and $4,000 a month	Support a month
No health insurance	$941.97
$300 a month paid by the parent the children live with	$1,121.97
$300 a month paid by the other parent	$821.97

When no coverage is available and the children qualify for Medicaid or the state child health plan, the other parent pays cash medical support, capped at the lesser of five percent of that parent’s gross income or that parent’s income above the self-support reserve (§ 413(1)(c)(5)(iii) and (iv)). Health insurance is part of child support until the child turns 21.

Who pays medical costs that insurance does not cover?

Both parents, in proportion to income (§ 413(1)(c)(5)(v)). The order states the other parent’s share as a percentage, and the court can direct payment in one sum or in installments, including straight to the provider. The calculator does not include these costs, because they are paid as they come up.

Do parents have to pay for private school or college?

Only if the court orders it. Under § 413(1)(c)(7), when the court finds it appropriate, considering the circumstances of the case, the parents and the child’s best interests, it may award the cost of post-secondary, private, special or enriched education. This is up to the court, not part of the formula.

What changes when a parent’s coverage changes?

When an order requires a parent to provide coverage through work, the employer receives a National Medical Support Notice to enroll the children. If coverage through a new employer costs too much, or a parent switches to other coverage, the Child Support Program notes that a petition to modify the health care part of the order may be needed.

Open this family with child care and health insurance in the calculator

What this guide does not cover

This guide does not cover low-income cases, where child care and health costs are up to the court (see the low income guide), child care paid by the other parent, cash medical support amounts, or activities such as camps. The engine also leaves out these parts of New York’s guideline:

• Deductions from income not modeled: unreimbursed employee business expenses, maintenance paid to a spouse who is not a party, maintenance paid to the other parent (deducted only when the order or agreement provides a child support adjustment for when it ends), child support actually paid for other children, public assistance, SSI, and New York City or Yonkers income taxes (FCA § 413(1)(b)(5)(vii)(A) to (G)).
• Social Security and Medicare are computed as an employee pays them; self-employment tax is not modeled.
• Cash medical support when the children have no health insurance and are on Medicaid or the state child health plan is not modeled. It is capped at 5% of the paying parent's gross income or that parent's income above the self-support reserve, whichever is less (FCA § 413(1)(c)(5)(iii) and (iv)).
• Education costs and child care while the custodial parent looks for work are added at the court's discretion (FCA § 413(1)(c)(6) and (7)); not modeled.

The figures are estimates of the guideline amount. A court can order a different amount, and an existing order only changes when it is modified.