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mom2b
LIF Adult
Member since 5/09 1072 total posts
Name:
x
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Child Support Question
I'm hoping someone may have some insight on this. My DH pays a large amount of child support monthly for his daughter. We often go without certain things we need or may want and have gotten used to it. But now we have a baby on the way and since I've been put on bedrest we're really struggling financially. Has anyone had experience with having a child support order decreased? His daughters mother makes about $30k/year more than he does but I dont think thats taken into account.
TIA
***Please don't quote
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Posted 10/31/09 1:58 PM  |
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Mommy2Boys
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Member since 6/06 14437 total posts
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C
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Re: Child Support Question
What state do you live in? If it's NY, I believe it is 17% for 1 child, 25% for 2 children, etc.
I have a half brother and half sister and growing up my mom couldnt even work b/c they were taking a portion of her salary to pay for my dad's two other children meanwhile the courts never made my dad's ex-wife even get a job. My dad even paid child support until my brother and sister were 23 which is unheard of. Fortunately, laws have changed but not as much as they should have.
More than likely you will not be able to decrease the amount of child support. You can go back to court and plead your case to the judge but it's unlikely.
It's a hard situation. I remember the arguments and how much stress the $$$ for child support put on my parents while I was growing up. To this day, my brother and sister dont appreciate or acknowledge anything my parents did for them.
Message edited 10/31/2009 3:03:58 PM.
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| Posted 10/31/09 2:59 PM |
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MrsPJB2007
MBA at your service!
Member since 7/06 12020 total posts
Name:
MJ
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Re: Child Support Question
Just was lurking and saw this. My whole family has dealt with child support for awhile.
Its a very difficult battle to get child support reduced -- and almost never happens. The stock amount is 17% for 1 child based on your salary pre-tax, it wouldn't matter whether your DH's ex made a million dollars a year, with NYS law the non-custodial parent is required to pay 17% of their salary.
Has he talked to his ex? If he got her to agree to it, then there is a better chance they could petition the court together for a lower amount....but if she doesn't agree....he will have a near impossible battle. I would have him speak to his attorney. You'd really have to prove that you guys are in a dire situation where you are not able to live cause of bills....not just "we're gonna have a baby and are worried about getting by." I know it seems unfair, but its hard to get sympathy from the NYS family court judges when it comes to support.
Good luck!
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| Posted 10/31/09 4:11 PM |
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MrsSteflily
I love chocolate
Member since 4/06 2047 total posts
Name:
Stef
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Re: Child Support Question
NYS doesn't take into consideration any children from other relationships, nor does it look at % of time spent with each parent, or financial obligations (ie mortgage, bills, etc) other than court ordered in the divorce.
It is very cut and dry. 17% for one child going to the custodial parent. If there is joint custody, the CS goes to the parent that earns the least.
 Good luck. It's such a difficult situation.
You can try to go to court, but also take into consideration that any type of modification will look at current earnings. If his income has increased since the CS order, then he may end up paying more.
Can he talk to his ex?
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| Posted 10/31/09 10:16 PM |
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hbugal
Lesigh
Member since 2/07 15928 total posts
Name:
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Re: Child Support Question
Posted by MrsPJB2007
Just was lurking and saw this. My whole family has dealt with child support for awhile.
Its a very difficult battle to get child support reduced -- and almost never happens. The stock amount is 17% for 1 child based on your salary pre-tax, it wouldn't matter whether your DH's ex made a million dollars a year, with NYS law the non-custodial parent is required to pay 17% of their salary.
Has he talked to his ex? If he got her to agree to it, then there is a better chance they could petition the court together for a lower amount....but if she doesn't agree....he will have a near impossible battle. I would have him speak to his attorney. You'd really have to prove that you guys are in a dire situation where you are not able to live cause of bills....not just "we're gonna have a baby and are worried about getting by." I know it seems unfair, but its hard to get sympathy from the NYS family court judges when it comes to support.
Good luck!
This is not correct...
For 1 child it's 17% of the combined parent's income. Essentially what they do is take both parent's income account. Combine it...and each parent is responsible for his/her prorata share.
My DH pays 35% of that 17% b/c his exwife makes more money...
My ex and I have 2 children together he is responsible for 12.5% of the 25% of our combined income....B/C his prorata share is 50%...
It's really not a cut and dry type of thing. You really would need to consult either an attorney or CSEB....
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| Posted 10/31/09 10:46 PM |
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Re: Child Support Question
Your DH can go to Family Court and file a temporary downward modification because of his change in circumstances-namely, your being on bedrest. They should have a petition down in family court so that he can apply for a temporary order modifying support. I never did support, but I have read that portion of the Family Court Act, and he has a shot of the magistrate granting a temporary downward modification. Good Luck!
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| Posted 10/31/09 10:49 PM |
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Re: Child Support Question
Posted by hbugal
Posted by MrsPJB2007
Just was lurking and saw this. My whole family has dealt with child support for awhile.
Its a very difficult battle to get child support reduced -- and almost never happens. The stock amount is 17% for 1 child based on your salary pre-tax, it wouldn't matter whether your DH's ex made a million dollars a year, with NYS law the non-custodial parent is required to pay 17% of their salary.
Has he talked to his ex? If he got her to agree to it, then there is a better chance they could petition the court together for a lower amount....but if she doesn't agree....he will have a near impossible battle. I would have him speak to his attorney. You'd really have to prove that you guys are in a dire situation where you are not able to live cause of bills....not just "we're gonna have a baby and are worried about getting by." I know it seems unfair, but its hard to get sympathy from the NYS family court judges when it comes to support.
Good luck!
This is not correct...
For 1 child it's 17% of the combined parent's income. Essentially what they do is take both parent's income account. Combine it...and each parent is responsible for his/her prorata share.
My DH pays 35% of that 17% b/c his exwife makes more money...
My ex and I have 2 children together he is responsible for 12.5% of the 25% of our combined income....B/C his prorata share is 50%...
It's really not a cut and dry type of thing. You really would need to consult either an attorney or CSEB....
ITA-And I wanted to add-while some exes are willing to take less temporarily, if there is a support order, you need a temporary modification from a magistrate, because CSEB will consider the gap between what is being paid and what should be paid as arrears and that will create a bundle of problems. A sympathetic magistrate may temporarily modify the arrangement for a few months, especially upon the agreement of the parties, but if this is done, a downward mod will not last forever.
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| Posted 10/31/09 10:53 PM |
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maybesoon
LIF Adult
Member since 9/09 5981 total posts
Name:
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Re: Child Support Question
it's a percentage of income, and it doesn't matter if he has another child
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| Posted 10/31/09 10:55 PM |
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MrsSteflily
I love chocolate
Member since 4/06 2047 total posts
Name:
Stef
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Re: Child Support Question
Posted by hbugal
Posted by MrsPJB2007
Just was lurking and saw this. My whole family has dealt with child support for awhile.
Its a very difficult battle to get child support reduced -- and almost never happens. The stock amount is 17% for 1 child based on your salary pre-tax, it wouldn't matter whether your DH's ex made a million dollars a year, with NYS law the non-custodial parent is required to pay 17% of their salary.
Has he talked to his ex? If he got her to agree to it, then there is a better chance they could petition the court together for a lower amount....but if she doesn't agree....he will have a near impossible battle. I would have him speak to his attorney. You'd really have to prove that you guys are in a dire situation where you are not able to live cause of bills....not just "we're gonna have a baby and are worried about getting by." I know it seems unfair, but its hard to get sympathy from the NYS family court judges when it comes to support.
Good luck!
This is not correct...
For 1 child it's 17% of the combined parent's income. Essentially what they do is take both parent's income account. Combine it...and each parent is responsible for his/her prorata share.
My DH pays 35% of that 17% b/c his exwife makes more money...
My ex and I have 2 children together he is responsible for 12.5% of the 25% of our combined income....B/C his prorata share is 50%...
It's really not a cut and dry type of thing. You really would need to consult either an attorney or CSEB....
Interesting. We just went through this a few months ago and that is not how our atty explained it to us.
We understood it to work like this:
Each parent is responsible for 17% of their pre-tax, post SSI/medicare earnings for one child. For simplicities sake, let's say that:
Wife makes $40k
Husband makes $60k
Total income is $100k
Support for child is $17k.
Wife pays 40%, or $6,800.
Husband pays 60%, or $10,200.
This is not including any additional expenses (child care, medical, extra-curricular, ect).
Mathmatically it works out the same.
Although I do believe that there is a max salary amount that they will use to calculate, unless the child is used to living in a certain manor and that needs to be maintained.
CS calculations can make you crazy. 
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| Posted 10/31/09 10:56 PM |
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mom2b
LIF Adult
Member since 5/09 1072 total posts
Name:
x
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Re: Child Support Question
All this is so confusing. I thought if his financial situation changed that he could have the order decreased.
There is no talking to the BM. She recently had a baby by another man and instead of taking her boyfriend to court for cs, she took DH to court to increase the cs he pays for his daughter. Luckily the judge kept the order the same.
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| Posted 11/3/09 11:10 AM |
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