I have shared custody - how is child support calculated

Written by David Bliven

Child Support Lawyer - White Plains, NY

• Child Support
• Child Support Guidelines
• Family Law

Some people share custody of their child - which means exactly 50%-50% in each household. The issue then becomes whether child support is paid at all - and if so, how much.

1 - Is shared custody pursuant to an order - or just informal agreement?

The first analysis is whether the shared custody arrangement is pursuant to court order, or just by a mutual, informal agreement. If it's pursuant to court order, then you can skip to the 2d section below. If it's pursuant to informal agreement, then you're best advised to start keeping track of the days (& even hours of those days) the child is with you. Reason being: if there's a dispute later on about whether you do indeed shared custody, then at least you have something in writing to corroborate same. You should also begin confirming the days you'll have the child with the other parent in writing. As an example, you can send a calendar to the other parent for the next month marking off "M" or "F" on the days to designate which days the child will be with you versus the other parent. In the end, you're best advised to file a petition for shared custody & get the arrangement confirmed via court order.

2 - Support based on who makes more - with some exceptions

The prevailing law - however incorrect - holds that in a shared custody situation the parent who makes more is automatically deemed the noncustodial parent & is thus potentially liable for the full guidelines amount (i.e., 17% for 1 child, 25% for 2, etc.). That said, many courts deviate from the presumptive calculation in a shared custody situation & do an off-set: first, then calculate support as if the father is paying the mother support. Then they calculate as if the mother pays the father support. The difference between the two calculations would therefore be the only money changing hands.

 

(www.blivenlaw.net)



I am disabled and on a fixed income now is there anyway I can get a pro bono lawyer for my back child support owed to me

Q:  my ex has been dodging the SCU for over 20+ years now and I really need some money from him. He either skips town or quits his job so this way I cannot collect from him. How was he able to buy a house and the SCU did nothing to stop this. I could have gotten his down payment. He owes me well over 90,000.00 and the last money I got from him was $10.00 every 2 weeks that they garnished from him. He is hiding money some where. Someone please tell me what I can do to make this sperm donor pay


A:  David's Answer:  Very few lawyers will work for free, but you can shop around. If you file an enforcement petition, the court can also incarcerate him for up to 6 months, in addition to other remedies you may have. Speak to a Child Support attorney in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is there anyway I can go after my exhusbands new wife for any back child support? He is hiding any monies under her name

Q:  He remarried approx. 8 yrs ago. Since then they bought a new house (which has now been foreclosed on) as well as a wedding with over 150 guests. How could the support collection unit allow him to buy a house????? He is obviously is hiding money under her name as well as working off the books!!!!! I am completely frustrated, I live hand to mouth and am now disabled and on a fixed income. I really need some money my medications cost me over $1000.00 per month!! I need help


A:  David's Answer:  Yes, it's possible. First you need to obtain a money judgment for the arrears. Then you'll need to commence a separate action in Supreme Court, suing his wife under a little-used legal doctrine called "necessities." In a nutshell, it alleges that a spouse may be legally liable to creditors for the debts of the other spouse. Speak further with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

What form do I fill out to request an emergency temporary modification of child support in family court?

Q:  What form do I fill out to request a temporary emergency modification of child support? Do I have to do an order to show cause (supported by an affidavit) to get enough money to take care for the child until the trial 6 months from now? Grounds: dad grossly understated his income by over 600% on 2009 order, both parties have has more than 15% change in income, child's needs not met by current order, we suddenly/unexpectedly fled dad's house due to his drug relapse, and he has stopped paying all her customary expenses. Her lifestyle has since fallen from high to poverty-level. I will file the temporary order at the same time as I file a regular petition for upward modification. Please advise on proper papers to fill out to get quick results given child's post-dissolution concomitant need.


A:  David's Answer:  My question is: trial on what? If you filed a support modification petition & the earliest date the court gave you is 6 months from now, then that's the earliest date & you can't speed it up. If you have a divorce case pending, then yes, you can file an order to show cause seeking interim modification pending trial. Speak further with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is a court order needed to stop paying child support or can i just stop paying when my son is 21 next month?

Q:  I went 2 years ago when my other son turned 21 but that was to get it reduced, now my younger son is 21 next month.


A:  David's Answer:  Unless there is a valid written agreement extending support beyond 21, then you can just stop paying. If there is a garnishment & it doesn't stop, then ask your employer to stop sending in the money & immediately file a petition in Family Court to terminate the garnishment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child support for my son ceases when he reaches the age of 21.

Q:  the order simply states that we are to share medical premiums 50/50 but doesn't state when it ceases. is it implied that it will cease as the same time as child support?


A:  David's Answer:  Yes, unless there is a stipulation of settlement providing otherwise, basic support as well as the "add-ons" (medical & educational) end at age 21. Speak further with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Valid Reasons for reducing child support payment

Q:  I want to modify my child support monthly payment amount since I can no longer able to maintain my current basic expenses (rent, food, car payment) and keep up with the demands of the child support payments. I want to know what I can expect from the court and if this is a valid concern that would help me lower the payments just a little bit below the standard percentage that's apply to everyone (ie I pay 25% for two kids and I want to lower my payments to about 22% or 20%). Again, I'm struggling to make ends meat and this is the reason for trying to lower the payments but want to make sure I take all the necessary backup if needed.


A:  First, the Court cannot generally change the percentage, unless the combined parental income exceeds $141,000 (as of 2014). Second, how likely the court will reduce the support may depend more on how substantial a decrease of income you've had & the reasons for the decrease. Third, I'd need to know whether the original support was done pursuant to a stipulation of settlement or mere order - and whether it's more than 3 years old. You're thus best advised to schedule a consultation with a Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)