How will court determine child support?

Q:  I am awaiting a court date since my ex summonds me with child support. I know she works full time and i currently make 250/week gross and made 13000 last year and 20000 the year before. Im not sure what she makes but works at a restaurant and married to someone who works at some gas gas station. Any prediction of how much will be mandated for me to pay for 2 kids? Do they go by current income, last year or last 2 years? just predicting on how much to save to pay whats owed when ordered next month.And no im not a dead beat always have paid, just couldn't not workig the last 6 months due to recovering from major surgery.


A:  David's Answer:  If you worked full-time all last year & still only made $13,000, they will use that income & calculate 25% of your adjusted gross. If not, the Court may pro-rate the income as if you were working full time, all year. Another option is for the court to use current year income - but they usually only do that if at least 6 months have passed in that particular year. Speak further with a child support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

For a new child support court case do i have to disclose information on a workers comp settlement?

Q:  My ex and i have had a verbal agreement on child support payments but recently has served me with court paperwork for an unknown reason. I have proof of all payments and have never not paid. A few years ago i was severely injured on the job task and about 6 months ago received a fair settlement that i have put into savings. On the summonds it asks to put down all income assets etc. This is from an injury that my doctor claims a permanent 25% loss in my arm Hense why i got this money. Is this something i have to report to child support when court date happens? I cant afford a lawyer or I'd ask one.


A:  David's Answer:  Yes, you have to report it as to do otherwise would be to commit felony perjury. That said, merely because you have money in the bank doesn't mean this constitutes "income." Whether it's considered income or not may depend on whether that's your sole source of income & whether you're drawing upon it to pay living expenses. If so & perhaps to that extent it may be considered income. Speak further with a child support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Claiming a Child as a Dependent on Taxes

Q:  My ex and I have a court agreement where we have joint custody which states that our child lives with me during the day and he is dropped of to her at night. For the last few years, we've adjusted our schedule so that he lives with us half the week each each. It's a true shared custody. Our support papers, custody papers and divorce decree do not specify which parent is entitled to claim our child in taxes. I am the higher wage earner and per the IRS, in shared custody situations, the parent with the higher income is allowed to claim the child. My ex just told me she just claimed our daughter. Can I fight this claim with the IRS? even though our custody and visitation papers are not reflective of what we have been practicing? I have her on email agreeing to the shared custody. Thank you.


A:  David's Answer:  I would not advise to fight this claim with the IRS. Instead, I'd advise to get a modified order which reflects that each of you will alternate the deduction on odd-even years. Speak further with a Westchester Child Support lawyer.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

How long does ex have to wait to ask for upward modification

Q:  Our ex received upward modification last March for our son who turned 19 years old. How often does he have to wait to ask for another increase two or three years in NYS


A:  David's Answer:   I assume you mean "upward modification of support," as you had originally posted this under the "child custody" category. That said, the rule is every 3 years, unless beforehand there has been a substantial change of circumstances. Schedule a consult with a Westchester Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

On the temp. support papers it says to show the other party of any bills for my son do I text him or call him and tell my ex?

Q:  We just went to court for visitation and we automatically got a temp order of support and now he has to pay me every week. I just got the papers in the mail and also a 400 medical bill for my son do I pay it and just bring the bill to the courts the next time we have to go or text it to him or just not say anything? He doesn't want to talk to me and thats why hes taking me to court and I know the courts are going to force him if he wants to see our son because he lives with me but do I say anything or no


A:  David's Answer:  The best way to handle it is to send the bills along with an itemized cover letter requesting his pro rata share. You should mail him bills like this on a monthly or bimonthly basis. Speak further with a child support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

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)