How is child support calculated?

Child support is calculated using each state's specific formula, which typically considers both parents' gross monthly income, the number of children, and the custody arrangement. Most states use an Income Shares model or a Percentage of Income model.

Is this child support calculator accurate?

This calculator provides an estimate based on publicly available state guidelines. Actual court-ordered child support may differ based on deductions, special expenses, imputed income, and judicial discretion. Always consult a family law attorney for legal advice.

Which states does this calculator support?

SupportByState.com supports child support calculations for all 50 states using each state's current guidelines.

Is child support taxable income?

No. Child support payments are not taxable income for the recipient and are not tax-deductible for the paying parent under current IRS rules.

How is VA disability pay treated for alimony in New York?

In New York, VA disability compensation is generally counted as income when calculating alimony obligations. A New York court cannot divide VA disability pay as marital property (Howell v. Howell, 2017), but it can include VA pay in the veteran's total income when determining whether alimony is owed and in what amount. The veteran must satisfy any alimony order from available assets.

Can VA disability pay be divided in a New York divorce?

No. Howell v. Howell (2017) held that state courts cannot divide VA disability compensation as marital property in any state, including New York. Even if the parties agreed at the time of divorce to share what was retirement pay, a subsequent VA disability waiver reduces the former spouse's USFSPA share and cannot be remedied through a state court indemnity order.

How does the VA disability waiver affect my New York spouse's retirement share?

When a veteran waives military retired pay dollar-for-dollar to receive VA disability compensation, the non-veteran spouse's USFSPA share of retirement pay is correspondingly reduced. New York courts may attempt to offset this reduction by awarding more marital property to the spouse, increasing alimony, or other adjustments — but cannot restore the retirement pay directly.

Is VA disability income counted for child support in New York?

Yes. VA disability compensation is counted as income for child support purposes in New York under FCA §413 / Dom. Rel. Law §240. It is treated similarly to other income sources when calculating the child support obligation. This is distinct from the marital property rule — VA pay cannot be divided as property but can be counted as income for ongoing support obligations.

What is Concurrent Retirement and Disability Pay (CRDP) and how does it affect New York divorce?

CRDP (10 U.S.C. §1414) allows qualifying retirees (with 20+ years of service and a VA rating of 50%+) to receive both full military retirement and VA disability pay without an offset. If CRDP applies, the former spouse's USFSPA share is less affected by the VA disability waiver. Not all retirees qualify for CRDP — Combat-Related Special Compensation (CRSC) does not provide the same protection for former spouses.

How does New York handle VA pay in the overall divorce settlement?

New York courts facing a VA disability offset situation may: (1) award the non-veteran spouse more marital property to compensate for the reduced USFSPA share, (2) increase or adjust alimony to reflect the veteran's actual income including VA pay, or (3) draft the divorce decree carefully to address future changes in VA ratings. Planning at settlement — before any decree is entered — is critical.

New York VA Disability & Alimony Calculator 2026 — How VA Pay Affects Support

In New York, VA disability compensation cannot be divided as marital property (Howell v. Howell, 2017) but is counted as income when calculating alimony and child support obligations under FCA §413 / Dom. Rel. Law §240 — courts cannot garnish VA benefits directly but can order the veteran to satisfy support obligations from available assets.

VA disability compensation in New York occupies a unique position in divorce law: it is simultaneously protected as non-divisible property and counted as income for support purposes. Under Howell v. Howell (582 U.S. 487, 2017), no state court — including New York — can divide VA disability pay as marital property or require a veteran to indemnify a former spouse for the reduction caused by a VA disability waiver.

However, New York courts will consider VA disability compensation as part of the veteran's total income when calculating child support under FCA §413 / Dom. Rel. Law §240 and when determining alimony. A veteran receiving $2,500/month in VA disability pay and $1,500/month in military retirement has a total income of $4,000/month for support purposes — even though the VA portion cannot be divided as property.

Frequently Asked Questions

How is VA disability pay treated for alimony in New York?: In New York, VA disability compensation is generally counted as income when calculating alimony obligations. A New York court cannot divide VA disability pay as marital property (Howell v. Howell, 2017), but it can include VA pay in the veteran's total income when determining whether alimony is owed and in what amount. The veteran must satisfy any alimony order from available assets.
Can VA disability pay be divided in a New York divorce?: No. Howell v. Howell (2017) held that state courts cannot divide VA disability compensation as marital property in any state, including New York. Even if the parties agreed at the time of divorce to share what was retirement pay, a subsequent VA disability waiver reduces the former spouse's USFSPA share and cannot be remedied through a state court indemnity order.
How does the VA disability waiver affect my New York spouse's retirement share?: When a veteran waives military retired pay dollar-for-dollar to receive VA disability compensation, the non-veteran spouse's USFSPA share of retirement pay is correspondingly reduced. New York courts may attempt to offset this reduction by awarding more marital property to the spouse, increasing alimony, or other adjustments — but cannot restore the retirement pay directly.
Is VA disability income counted for child support in New York?: Yes. VA disability compensation is counted as income for child support purposes in New York under FCA §413 / Dom. Rel. Law §240. It is treated similarly to other income sources when calculating the child support obligation. This is distinct from the marital property rule — VA pay cannot be divided as property but can be counted as income for ongoing support obligations.
What is Concurrent Retirement and Disability Pay (CRDP) and how does it affect New York divorce?: CRDP (10 U.S.C. §1414) allows qualifying retirees (with 20+ years of service and a VA rating of 50%+) to receive both full military retirement and VA disability pay without an offset. If CRDP applies, the former spouse's USFSPA share is less affected by the VA disability waiver. Not all retirees qualify for CRDP — Combat-Related Special Compensation (CRSC) does not provide the same protection for former spouses.
How does New York handle VA pay in the overall divorce settlement?: New York courts facing a VA disability offset situation may: (1) award the non-veteran spouse more marital property to compensate for the reduced USFSPA share, (2) increase or adjust alimony to reflect the veteran's actual income including VA pay, or (3) draft the divorce decree carefully to address future changes in VA ratings. Planning at settlement — before any decree is entered — is critical.

New York VA Disability & Alimony Calculator 2026 — How VA Pay Affects Support

Frequently Asked Questions

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