You fill out New York Form UD-13, the Child Support Worksheet, by listing each parent’s gross income, subtracting allowed deductions, applying the statutory child support percentage, and calculating each parent’s pro-rata share of the basic child support obligation and add-on expenses under the Child Support Standards Act. The form is mandatory in every uncontested divorce filed in New York Supreme Court when the marriage produced children under 21 who are unemancipated.
Roughly 1 in 5 uncontested divorce packets get rejected by New York county clerks, and missing or miscalculated UD-13 numbers sit near the top of the most common rejection reasons flagged by the Office of Court Administration. A wrong line on UD-13 can delay your judgment for months, trigger a recalculated support order, or push the case to a contested calendar.
Here is what you will learn:
- 📋 Every line of UD-13 broken down with plain-English meaning and consequence
- 🧮 Three full worked examples covering W-2, self-employed, and high-income parents
- ⚖️ How the Cassano v. Cassano and Bast v. Rossoff rulings shape your numbers
- 🚫 The seven mistakes that get UD-13 rejected most often by clerks and Support Magistrates
- 💡 Add-ons, deviations, imputed income, and the 2026 self-support reserve, decoded
What Form UD-13 Is and Why It Exists
Form UD-13 is the official Child Support Worksheet attached to every New York uncontested divorce packet where the parties share unemancipated children under age 21. The Office of Court Administration publishes it as part of the Uncontested Divorce Forms Packet, and the Supreme Court Justice uses it to confirm your support number follows the Child Support Standards Act (CSSA). The CSSA was enacted in 1989 to make support awards predictable and to stop wide swings between judges.
The form exists because New York law presumes the CSSA formula produces the correct support number. A judge cannot rubber-stamp any number you write into a settlement agreement; the judge must see the math on UD-13 first. If you skip the worksheet or deviate from the formula without explaining why on the record, the court will reject your judgment under Domestic Relations Law §240(1-b)(h).
The consequence of skipping UD-13 is severe. Your judgment of divorce will not be signed, you lose your filing fee window, and you may need to redo the Findings of Fact (UD-10) and the Judgment of Divorce (UD-11) to match a corrected worksheet. A common misconception is that UD-13 is optional when both spouses agree on a number. It is never optional when minor children are involved.
Picture Maria, a Queens nurse who filed her uncontested divorce without UD-13 because she and her ex agreed on $400 per week. The Kings County Matrimonial Clerk rejected her packet, and she waited 11 weeks for a new return date. She then had to redo three forms because the agreed number was below the CSSA presumptive amount and she had not stated a reason for the deviation.
Who Must File UD-13
Any plaintiff filing for divorce under DRL §170 with one or more unemancipated children under 21 must file UD-13. Unemancipated means the child has not married, joined the military, or become economically independent. The duty applies even if the children live mostly with one parent or split time evenly.
The non-custodial parent is normally the payor on UD-13, but in shared custody cases the parent with the higher income typically pays under Bast v. Rossoff, 91 N.Y.2d 723 (1998). The Court of Appeals in Bast rejected a proportional-offset method and confirmed the standard CSSA formula governs even when parenting time is roughly equal. Skipping UD-13 because parents share custody is a frequent and costly error.
When UD-13 Is Not Required
You skip UD-13 only when the marriage produced no children, or when every child is already 21 or otherwise emancipated. The Uncontested Divorce Instructions require you to file Form UD-8 (Affidavit of Plaintiff) confirming there are no children of the marriage if you omit UD-13. Lying on UD-8 to dodge UD-13 is perjury under Penal Law §210.15.
A misconception is that adult college-aged children excuse the form. New York supports children to age 21, longer than most states, so a 19-year-old in college is still unemancipated and UD-13 still applies. The consequence of guessing wrong is a rejected packet and possible referral for further review.
Line-by-Line Walkthrough of UD-13
The worksheet has nine numbered sections plus signature lines. Each section enforces a specific CSSA rule, and each blank tracks back to a statute in DRL §240(1-b)(b). Work top to bottom; do not skip ahead, because lower lines build on the numbers you enter above them.
Use gross annual figures, not weekly or monthly, unless the line specifically asks otherwise. The form does the conversion for you in the basic obligation step. Round to the nearest dollar, not the nearest hundred, because clerks check arithmetic line by line.
Step 1: Parties and Children
Section I asks for the names of both parents, the index number, the county, and the names and dates of birth of each unemancipated child. The index number is the one you bought from the County Clerk when filing the Summons with Notice (UD-1) or Verified Complaint (UD-2). Listing a child who is over 21 here will inflate your support obligation and confuse the court.
The consequence of leaving a child off Section I is undercounting the number of children for the CSSA percentage step. David, a Buffalo father of three, listed only his two younger kids and used the 25% two-child rate; the Erie County clerk caught it and bounced the packet back. Always cross-check Section I against the children listed in your Verified Complaint.
Step 2: Gross Income (Lines 1-3)
Line 1 is gross income for the year before filing, taken straight from your most recent federal tax return. Use Form 1040, line 9 (total income), unless your return is older than the current year. If you have not filed taxes for the prior year, use a sworn estimate and attach pay stubs and a Statement of Net Worth (Form UD-1A) if available.
Line 2 adds investment income, fringe benefits, and other items the IRS lets you exclude but New York counts. Examples include workers’ compensation, disability benefits, unemployment, Social Security, veterans benefits, pensions, annuities, fellowships, and meal and lodging fringe benefits provided by an employer. Adding these is required by DRL §240(1-b)(b)(5)(iii), and the consequence of omitting them is a downward distortion of CSSA income.
Line 3 lets the court impute income to a parent who is voluntarily underemployed. The Family Court Act §413(1)(b)(5)(iv) allows imputation based on prior earnings, education, vocational skills, and lifestyle. Jasmine, a Manhattan graphic designer who quit a $120,000 job to freelance for $30,000, had $90,000 imputed by the Support Magistrate and the worksheet was redone.
Step 3: Allowable Deductions (Lines 4-6)
Line 4 lists deductions allowed by statute, not by IRS rules. Allowable items are unreimbursed business expenses, alimony or maintenance paid to a different spouse, alimony or maintenance paid to this spouse for the same period, child support paid for other children by court order, public assistance, supplemental security income, New York City or Yonkers income tax, and FICA taxes actually paid. Federal and state income taxes are not deductible here, which surprises most filers.
Line 5 is the subtotal after deductions. Line 6 is the CSSA income used for the formula. The consequence of deducting non-allowable items, like a 401(k) contribution or federal income tax, is an artificially low income figure that the court will reject. Carlos, a Bronx electrician, deducted his entire $18,000 401(k) contribution; the New York County clerk corrected it and his support went up by $94 per week.
Step 4: Combined Parental Income (Line 7)
Line 7 adds both parents’ CSSA incomes. This combined figure drives the percentage step. As of 2026, the statutory combined parental income cap is $183,000, updated every two years by the Office of Temporary and Disability Assistance under Social Services Law §111-i.
Income above the cap is handled in a separate step at Line 14. The cap is not a ceiling on support; it is a threshold where the court must consciously decide whether to apply the percentage to the excess. The misconception that the cap limits support causes high earners to under-pay and triggers post-judgment modifications.
Step 5: Applying the CSSA Percentage (Lines 8-10)
Line 8 multiplies the combined income up to the cap by the CSSA percentage. The percentages are fixed by DRL §240(1-b)(b)(3).
| Number of Children | CSSA Percentage |
|---|---|
| One child | 17% |
| Two children | 25% |
| Three children | 29% |
| Four children | 31% |
| Five or more children | No less than 35% |
Line 9 calculates each parent’s pro-rata share by dividing each parent’s CSSA income by combined income. Line 10 multiplies the basic obligation by the non-custodial parent’s pro-rata share. The Court of Appeals in Cassano v. Cassano, 85 N.Y.2d 649 (1995) held that a court applying the percentage above the cap must articulate its reasons on the record, and the Holterman v. Holterman decision later refined how income above the cap is treated.
Step 6: Low-Income Adjustment (Lines 11-12)
Line 11 checks whether paying the basic obligation would push the non-custodial parent below the self-support reserve. The reserve equals 135% of the federal poverty level for a single person. As of 2026, that reserve is approximately $21,870 per year, based on the HHS Poverty Guidelines.
If income falls between the reserve and the federal poverty level (roughly $16,200 in 2026), the order drops to $50 per month or 17% of income, whichever is greater. Below the federal poverty level, the order is presumptively $25 per month. Skipping this step in a low-income case violates DRL §240(1-b)(d) and is reversible on appeal.
Step 7: Add-On Expenses (Line 13)
Line 13 captures mandatory add-ons: child care expenses for the custodial parent’s work or education, the children’s share of health insurance premiums, and unreimbursed medical, dental, and mental health expenses. Each add-on is divided pro-rata using the same percentages from Line 9. Educational expenses, summer camp, and extracurriculars are discretionary add-ons under DRL §240(1-b)(c)(7).
The consequence of leaving out child care is that the custodial parent absorbs 100% of a cost the law splits. A common misconception is that health insurance premiums get added in full; only the children’s pro-rata share of the family premium counts. Compute the child share by dividing the family premium difference between employee-only and family coverage by the number of dependents on the plan.
Step 8: Income Above the Cap (Line 14)
Line 14 deals with combined income above $183,000. The court chooses between applying the percentage to the excess, applying the discretionary factors in DRL §240(1-b)(f), or both. The factors include the financial resources of the parents and child, the child’s physical and emotional health, the standard of living the child would have enjoyed, tax consequences, non-monetary contributions, educational needs, disparate income, and any other factor the court finds relevant.
The court must explain its choice on the record per Cassano. Failing to address Line 14 in a high-income case is the single most common reason judgments get bounced in Westchester County and Nassau County Supreme Courts.
Step 9: Final Support Amount and Signatures
The bottom of the form converts the annual obligation into weekly, bi-weekly, or monthly payments. Both parties must sign, date, and acknowledge that the worksheet reflects the agreed support amount. Section IX is the non-waiver acknowledgment required by DRL §240(1-b)(h); it confirms both spouses know the presumptive amount and any deviation is voluntary and informed.
A missing signature voids the worksheet. The clerk will reject the entire packet, and the Note of Issue (UD-9) will be returned with a deficiency notice. Priya, a Long Island mother of two, signed the bottom but her ex-husband forgot; their Suffolk County Justice rejected the packet and the parties spent another six weeks renotarizing.
Three Worked Examples
These examples show how the same form behaves under three different fact patterns. Numbers use the 2026 cap and self-support reserve. Walk through each line in your own packet using the same logic.
Example A: One Child, Two W-2 Earners
Tom earns $70,000 as a Yonkers firefighter and Lisa earns $50,000 as a teacher. They have one daughter, age 9. After deducting FICA ($5,355 each at 7.65%) and Yonkers tax ($350 each), Tom’s CSSA income is $64,295 and Lisa’s is $44,295. Combined CSSA income is $108,590, well below the $183,000 cap.
| Worksheet Step | Result |
|---|---|
| Combined CSSA income | $108,590 |
| One-child percentage | 17% |
| Basic obligation | $18,460 per year |
| Tom’s pro-rata share | 59.21% |
| Tom’s annual support | $10,932 |
| Tom’s weekly support | $210 |
Add child care of $8,000 per year split pro-rata gives Tom another $4,737 annually, or about $91 per week, on top of basic support.
Example B: Two Children, Self-Employed Parent
Aisha runs a Brooklyn salon and reports $40,000 net on Schedule C, but she deposits $95,000 in business receipts and writes off $55,000 in questionable expenses. Her ex-husband Mark earns $60,000 as a W-2 paralegal. Under DRL §240(1-b)(b)(5)(vi), the court may add back unreimbursed business expenses that reduce personal expenses.
The Support Magistrate adds back $20,000 of personal-use deductions, raising Aisha’s CSSA income to $60,000. Combined CSSA income becomes $120,000. The two-child rate of 25% yields a basic obligation of $30,000 per year. Each parent owes 50%, so the non-custodial parent (Mark, in this scenario) pays $15,000 per year, or roughly $288 per week.
Example C: Three Children, Income Above the Cap
Robert, a Manhattan banker, earns $400,000. Elena earns $90,000. They have three kids. Combined CSSA income is $490,000, far above the $183,000 cap.
| Worksheet Step | Result |
|---|---|
| Income up to cap | $183,000 |
| Three-child percentage | 29% |
| Basic obligation up to cap | $53,070 |
| Robert’s pro-rata share | 81.6% |
| Robert’s share up to cap | $43,305 |
| Excess income | $307,000 |
| Court applies 29% to excess | $89,030 additional |
| Robert’s share of excess | $72,648 |
| Total annual support | $115,953 |
The judge must state on the record under Cassano why applying 29% to the excess fits the children’s lifestyle, education, and health needs.
Mistakes to Avoid on UD-13
The following errors trigger the largest share of UD-13 rejections in the First, Second, and Ninth Judicial Districts. Read this list before signing.
- Using net income instead of gross. CSSA starts with gross; the consequence is an under-stated obligation and an automatic clerk rejection.
- Deducting federal or state income tax. Only FICA, NYC, and Yonkers tax are allowed; the consequence is an inflated deduction and recalculated higher support.
- Skipping imputed income for an underemployed spouse. A judge can impute on the court’s own motion under FCA §413, and you lose credibility for the rest of the case.
- Forgetting to add back personal expenses run through a business. Self-employed parents who hide income invite a forensic accountant and possible sanctions under 22 NYCRR §130-1.1.
- Failing to apply a low-income adjustment. Below-reserve cases default to $50 or $25 per month, and ignoring this rule is reversible error.
- Not addressing income above the cap. A silent worksheet on Line 14 in a high-income case violates Cassano.
- Leaving health insurance and child care off Line 13. These are mandatory add-ons, and missing them shifts the entire cost to the custodial parent.
- Signing without your spouse signing. Both signatures are required, and clerks reject one-sided worksheets.
- Failing to acknowledge the deviation reason. If your number differs from the CSSA presumption, Section IX must list the reason in writing per DRL §240(1-b)(h).
- Using stale income figures. Use the most recent tax year; outdated numbers invite a Support Magistrate referral.
Do’s and Don’ts for UD-13
These best practices come from the New York Courts Help Center guidance and from common Support Magistrate rulings.
Do:
- Do gather both parents’ last federal tax return and last three pay stubs before opening UD-13, because every line traces back to those documents.
- Do calculate twice, once by hand and once with the OTDA Child Support Calculator, since matching numbers reduce clerk pushback.
- Do disclose all sources of income, including side gigs and rental income, because hidden income surfaces during enforcement and triggers retroactive arrears.
- Do attach pay stubs and tax returns as exhibits, since the Findings of Fact must reference these documents.
- Do recalculate UD-13 if either party changes jobs between filing and the judgment date, because stale numbers can be challenged for a year after entry.
Don’t:
- Don’t pencil in a deviation without writing the reason, because Section IX requires a stated justification under DRL §240(1-b)(h).
- Don’t use a child support order from another state without converting to CSSA, since New York courts apply New York law in divorces filed here.
- Don’t list non-marital children on Section I, because only children of this marriage drive the percentage.
- Don’t forget to address health insurance enrollment, since the Findings of Fact requires a designation of which parent carries the children.
- Don’t sign UD-13 in front of the wrong notary type, because matrimonial filings require a notary or attorney with active New York commission per Executive Law §135.
Pros and Cons of Filing UD-13 Without an Attorney
Many New Yorkers complete UD-13 themselves to save money. The trade-off is real, and you should weigh both sides before going pro se.
Pros:
- Lower out-of-pocket cost, since attorney fees for an uncontested divorce can range from $1,500 to $5,000 in Manhattan firms.
- Faster turnaround if your math is clean, because pro se filers control their own document timing.
- Greater understanding of your own finances, which helps post-divorce budgeting.
- Direct relationship with the Matrimonial Clerk, letting you fix small issues without a middleman.
- Full control over deviation language and add-on allocation, instead of relying on attorney shorthand.
Cons:
- Higher rejection risk, since pro se UD-13 forms have a notably higher clerk-rejection rate.
- Missed imputation arguments, because lay filers often accept a stated income without challenge.
- Wrong cap treatment, since income above $183,000 demands case-law fluency most filers lack.
- Add-on errors, because health insurance and child care math is technical.
- No appeal cushion, since a signed UD-13 is hard to undo once the Judgment of Divorce is entered.
Three Real-World Scenarios
Each scenario shows a common UD-13 fact pattern and the court’s likely response. Use them to spot your own situation early.
Scenario 1: Stay-at-Home Parent Returning to Work
| Fact Pattern | Court Outcome |
|---|---|
| Wife stayed home for 8 years, husband earns $150,000, wife now job-hunting | Court imputes $40,000 to wife based on prior teaching salary under FCA §413(1)(b)(5)(iv) |
Scenario 2: Cash-Heavy Self-Employed Spouse
| Fact Pattern | Court Outcome |
|---|---|
| Husband owns a Bronx bodega, reports $35,000 on Schedule C, drives a $70,000 SUV | Magistrate orders forensic accountant; income reset to $95,000 with personal expenses added back |
Scenario 3: High-Earner With Two Households
| Fact Pattern | Court Outcome |
|---|---|
| Father earns $500,000, already pays $30,000 child support to a prior child | Prior court-ordered support deducted on Line 4; cap analysis on remaining excess per Cassano |
Key Court Rulings That Shape UD-13
Three Court of Appeals decisions drive how Supreme Court Justices read UD-13. Knowing them lets you write a worksheet that survives review.
Cassano v. Cassano confirmed that the CSSA percentage may apply above the cap, but the court must explain why on the record. The consequence of ignoring Cassano is reversal and remand. The misconception is that the cap is a ceiling; it is only a trigger for reasoned analysis.
Bast v. Rossoff rejected proportional offset in shared custody. The parent with the higher income pays under the standard formula. Bast prevents wealthy parents from negotiating away support by claiming 50/50 time.
Holterman v. Holterman, 3 N.Y.3d 1 (2004) clarified how spousal maintenance interacts with child support. Maintenance paid to the custodial parent counts as income to that parent and a deduction for the payor when calculating CSSA income. Skipping this adjustment double-counts maintenance and inflates the order.
Filing UD-13 With the Rest of Your Packet
UD-13 is one of about 14 forms in the Uncontested Divorce Packet. It travels with the Settlement Agreement, Findings of Fact, and Judgment of Divorce. The numbers on UD-13 must match the support paragraph in the agreement and the dollar figure in the judgment, line for line.
A common error is plugging UD-13 into the packet but copying a different weekly amount into UD-11. The clerk catches mismatches instantly. Always do a cross-check pass before mailing the packet to the County Clerk, because mismatches force a full repackaging and a new Request for Judicial Intervention (RJI) fee.
Filing also requires the Child Support Summary Form (UCS-111) and, in many counties, a Qualified Medical Child Support Order (QMCSO) if either parent will carry health coverage. Skipping the QMCSO can stall enforcement of the medical add-on for months.
FAQs
Is Form UD-13 required if both spouses agree on child support?
Yes. New York requires UD-13 in every uncontested divorce involving children under 21, even when both spouses agree on the dollar amount, because the court must verify the CSSA presumptive number.
Is the $183,000 cap a hard ceiling on child support?
No. The cap is a threshold, not a ceiling, and judges may apply the CSSA percentage to income above $183,000 after stating reasons under Cassano v. Cassano.
Is federal income tax deductible on Line 4?
No. Only FICA, New York City, and Yonkers income taxes are deductible under DRL §240(1-b)(b)(5)(vii); federal and New York State income tax are not allowed deductions.
Is health insurance for the children a mandatory add-on?
Yes. The children’s pro-rata share of the family health insurance premium is a mandatory add-on under DRL §240(1-b)(c)(5), split between parents in proportion to income.
Is child care during the custodial parent’s work hours mandatory?
Yes. Reasonable child care expenses incurred so the custodial parent can work or attend school are mandatory add-ons under DRL §240(1-b)(c)(4).
Is voluntary unemployment grounds for imputed income?
Yes. Family Court Act §413(1)(b)(5)(iv) lets a court impute income based on past earnings, education, and lifestyle when a parent quits or under-works to lower support.
Is shared 50/50 custody an automatic reason to skip child support?
No. Bast v. Rossoff held the higher earner still pays under the CSSA formula even when parenting time is roughly equal, so UD-13 is still required.
Is the self-support reserve adjusted every year?
Yes. The reserve equals 135% of the federal poverty guideline for one person, and the Office of Temporary and Disability Assistance updates the figure annually.
Is a deviation from the CSSA number allowed?
Yes. Spouses may deviate by agreement or the court may deviate using the ten factors in DRL §240(1-b)(f), but the reason must be written on UD-13’s Section IX.
Is UD-13 needed when the only child is 20 and in college?
Yes. New York supports children to age 21 under DRL §240, so a 20-year-old in college is unemancipated and UD-13 must be filed.
Is alimony paid to the same spouse deductible on UD-13?
Yes. Maintenance paid to the spouse receiving child support is deductible on Line 4, but it then counts as income to the recipient on her or his side of the worksheet under Holterman.
Is a notary signature required on UD-13?
Yes. Both parties must sign before a notary or attorney commissioned in New York, because the worksheet is sworn under penalty of perjury per Penal Law §210.15.
Related reading
- How to Fill Out New York Form UD-1 (w/Examples) + FAQs
- How to Fill Out New York Form UD-11 (w/Examples) + FAQs
- How to Fill Out New York Form UD-12 (w/Examples) + FAQs
- How to Fill Out New York Form UD-6 (w/Examples) + FAQs
- How to Fill Out New York Form UD-8 (w/Examples) + FAQs
- How to Fill Out New York Form UD-9 (w/Examples) + FAQs