Child support above New York's combined income cap (2026)

What is the New York child support cap in 2026?

The cap, which the law calls the combined parental income amount, is $193,000 a year (from 1 Mar 2026 to 29 Feb 2028; NY OTDA Child Support Standards Chart, LDSS-4515 (Rev. 03/26), checked 31 Oct 2026). Under Family Court Act § 413(1)(c)(2), the court multiplies combined parental income up to that amount by the child support percentage and splits the result between the parents by income.

The cap applies to both parents’ income added together, after the deductions the statute allows, such as Social Security and Medicare taxes. A family can be above it even when neither parent earns that much alone.

How has the cap changed?

Social Services Law § 111-i(2)(b) sets the amount and raises it on 1 March every two years by the change in consumer prices over the two years before, rounded to the nearest thousand dollars. The Office of Temporary and Disability Assistance publishes it in the Child Support Standards Chart.

A family whose combined income is above both caps gets a higher guideline amount on the capped part after 1 March 2026. For two children with $12,000 and $8,000 a month and $1,000 of child care, the guideline was $2,887.50 a month on 28 February 2026 and is $3,012.50 now.

How is support worked out for income up to the cap?

The same way as for any family: combined income up to the cap, times the percentage, split by income share, plus child care and health costs. Here is the full calculation for the family above:

How New York gets to $3,012.50 a month

In New York: 2 children; the parent the children live with earns $8,000 a month and the other parent $12,000, before tax; child care of $1,000 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 $12,000 − $918.00 = $11,082.00, and the parent the children live with $8,000 − $612.00 = $7,388.00 a month. $7,388 + $11,082 = $18,470 a month. The other parent's share is $11,082 ÷ $18,470 = 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

   $18,470 × 12 = $221,640 a year, above the $193,000 cap. 25% × $193,000 = $48,250 a year for both parents. The other parent's share: $48,250 × 60% ÷ 12 = $2,412.50 a month.

   $2,412.50

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 $1,000 of child care the parent the children live with pays is $600.00. $2,412.50 + $600.00 = $3,012.50.

   $3,012.50 a month

What happens to child support on income above the cap?

The statute leaves it to the court. Section 413(1)(c)(3) says that where combined income exceeds the cap, the court determines support on the excess “through consideration of the factors set forth in paragraph (f)” and/or the child support percentage. The chart published by the state puts it as: the law permits, but does not require, using the percentages above the cap.

The factors in § 413(1)(f) include:

• the financial resources of both parents and of the child;
• the child’s physical and emotional health and special needs and aptitudes;
• the standard of living the child would have enjoyed if the household had not split;
• the tax consequences to the parents;
• the non-monetary contributions each parent makes to the child’s care;
• the educational needs of either parent;
• a substantial difference between the two parents’ gross incomes;
• any other factor the court finds relevant.

So the outcome can range from the percentage applied to all of the income, to the capped amount alone, to something in between based on the children’s needs. This guide does not predict where a court will land.

What does the calculator show above the cap?

It shows the guideline on the capped income, plus child care and health costs, and says the income above the cap is up to the court. It does not add anything for the excess. The amounts stop rising with income once combined income passes the cap:

Other parent's income a month	1 child	2 children	3 children
$6,000	$941.97	$1,385.25	$1,606.89
$8,000	$1,255.96	$1,847.00	$2,142.52
$10,000	$1,518.98	$2,233.80	$2,591.20
$12,000	$1,640.50	$2,412.50	$2,798.50
$15,000	$1,783.15	$2,622.28	$3,041.85
$20,000	$1,960.66	$2,883.32	$3,344.65
$25,000	$2,082.50	$3,062.49	$3,552.49
$30,000	$2,171.17	$3,192.90	$3,703.77

Open this family in the New York calculator

Does the 2026 cap increase change an existing order?

Not by itself. An order changes only through the court or through a cost of living adjustment by the Child Support Program. A parent can ask the court to modify an order on the grounds in Family Court Act § 451(3), for example three years since the order or a 15 percent change in either parent’s gross income. See the guide to modifying an order.

Is the cap the same as the maintenance cap?

No. Spousal maintenance has its own income cap under a separate law, which also changed on 1 March 2026. This guide covers child support only.

What this guide does not cover

This guide does not cover how courts have applied the factors in particular cases, spousal maintenance, or high-income questions such as private school or college costs (see the health insurance and child care guide for education add-ons). 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.