In New York State, child support includes both “basic” support and “add on” support. Basic support is the percentage calculated for support based on a parent’s income. Add on support is additional support for health insurance and unreimbursed medical expenses, some educational costs, and daycare.
For add on support, each parent must contribute his or her pro rata share of such expenses. For example, if each parent earns $50,000, each would pay 50% of the add on costs. If one parent earns $20,000 and the other earns $80,000 they would pay 20% and 80%, respectively, of the add on costs.
Parents can deviate from their pro rata shares of the add on child support, but their agreement or the court order must specify their reasons for the deviation. The parties may also agree to include additional “add on” support categories, such as the cost of camps and extracurricular activities for their children.
Domestic Relations Law §240 (1)(d) provides that the cost of the health care insurance premium must be paid by the parties in accordance with the pro rata shares. Domestic Relations Law §240 (1-b)(c)(5) provides that reasonable health care expenses that are not covered by insurance, i.e., unreimbursed medical expenses, are allocated in the same proportion as each parent’s income is to the combined parental income. In determining which parent should carry the insurance for the children, the Court normally investigates who is offered insurance by their employer, the comprehensiveness of the insurance offered, and the cost of such premiums.
Domestic Relations Law §240 (1-b)(c)(4) and Domestic Relations Law §240 (1-b)(c)(6) provide that a custodial parent who is working, is looking for work, or is in school or training which will lead to employment and incurs reasonable day care expenses, such expenses must be paid by the parties in accordance with the pro rata shares.
For parties who agree that their children will attend private school, or whose children have been enrolled in private school prior to the commencement of a divorce action, they may be obligated to pay these educational expenses in accordance with their pro rata shares.
