Costs Not Covered by Child Support, and How They Can Be Shared

In New York, child support is a court-ordered payment intended to cover a child’s basic needs, such as food, clothing, shelter, and basic educational expenses. Parents need to understand which costs related to child rearing that are not covered by base child support, and which types of expenses are considered add-ons, which are shared proportionately between the parties. These costs are in addition to basic child support. 

These are the principal categories of child-related expenses that base child support does not pay for:

• Health care expenses not covered by insurance, including health insurance premiums — Base child support does not cover unreimbursed or extraordinary medical expenses. These include co-pays, deductibles, prescription costs, orthodontic treatment, therapy, dental, optical, orthodontic treatment and specialized medical or mental health services. Under New York’s Child Support Standards Act (CSSA), these add-on medical expenses are typically divided between the parents in proportion to their incomes. In addition, the cost, if any, to add a child(ren) to a parent’s plan will be shared proportionately between the parties. 

• Child care costs — While base child support covers general supervision and care, it does not pay for formal child care required when custodial parents are working or attending school. Examples are daycare centers, after-school programs and babysitters. These costs are mandatory add-ons and are shared proportionately. In addition, summer camp is included, provided it is for times that the custodial parent is working. 

• Educational expenses beyond basics — Basic public school costs (books, supplies, field trips) may be covered, but private school tuition, tutoring and college expenses are not generally included in basic child support. These are considered discretionary add-on expenses. Courts may order parents to contribute to such expenses if deemed in the child’s best interests. The manner of sharing these costs depends on parental incomes and circumstances. As far as private school costs, these are rarely ordered unless the children have historically attended the same and the parties are of the financial means to pay for same. As far as college, if the parties are directed to pay for same, normally there is a cap, for which in most cases a State University of New York (SUNY) is used. The parent who pays child support is entitled to a credit against child support, dollar for dollar, for any room and board costs paid. 

• Extracurricular activities and enrichment — Costs for sports teams, music lessons, cultural activities, clubs, art classes or travel teams fall outside the scope of base child support. Parents can negotiate contribution percentages in their separation or divorce agreements or seek a court order if they cannot agree. 

• Transportation and travel — Base child support does not include expenses for transporting the child between parents’ homes, to and from activities or for travel (e.g., family vacations or visits to relatives). These costs must be addressed separately through mutual agreements.

Parents may address child expenses beyond add-ons by incorporating detailed stipulations in divorce settlement agreements. Such clauses can define specific percentages for each expense type, outline required notices/documentation or create limits on discretionary spending. They may also provide for sharing the costs of college tuition and related expenses. An experienced child support attorney can craft a clear agreement to minimize conflict and ensure children’s interests are best accounted for.

The attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York assist parents throughout Long Island in helping ensure their children obtain the financial support they need. To discuss your legal issues and learn how we can help you, contact us online or call us at 631-360-0400.