How is child support calculated in New York, according to divorce lawyer James Sexton?

James Sexton says New York child support is a percentage of the paying parent's gross income, less FICA: 17% for one child, 25% for two, 29% for three and 31% for four. Combined parental income is capped in theory, but judges keep wide discretion based on the children's lifestyle during the marriage and their reasonable needs. The amount can be revisited every three years when income changes by 30% in either direction.

• The largest award Sexton has won for a client was $65,000 a month, covering private school tuition and a security detail.
• The money goes to the parent with primary physical custody, who does not have to account for how it is spent.

▸In their words

“Child support, for example, is modifiable every three years when there's a 30% change in income up or down.” James Sexton · at 12:14 — open in the transcript →

Source: our own transcription of the episode. The full conversation is on The Diary Of A CEO with Steven Bartlett (2026-10-30). Read the whole episode summary →

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