How is NY child support calculated?

Q:  I live out of the state of NY. The CP is on Public Assist, Food Stamps, and Medical and has no job currently or in the past 3 years. I, the NCP, have a decent full time job. However because the CP has no job or will ever get one, I'm force to pay 100% of the "shared expenses", is this correct? Would I get some type reduction in my monthly amount, due to the fact the CP does nothing but collect welfare. I understand that the CP doesn't see all of the money because the State take back a portion of it., but seems unjust if I'm paying a high CS amount in which the CP has to do nothing at all.


A:  David's Answer:  You would not pay a % of the "shared expenses." Instead, assuming there is 1 child, you would pay 17% of your adjusted gross income. If the result is more than the PA budget for the child, then it makes sense to have the child taken off PA so the money goes directly to the mother than to DSS. Call a Child Support lawyer in the Utica area for more info.   -- David Bliven,  Westchester Child Support attorney (www.blivenlaw.net)

My ex came back to court to raise my child support, court ordered me to pay more, she lied about her work and income.

Q:  Just year and a half ago I was ordered to pay child support. My ex stated that she makes less money because she changed work, which is lie, but how can I prove it if she works off books. I compromised my work to spent more time with my daughter, so she doesn't have to pay for nanny (2 times a week and every second Saturday), and I also agreed to pay for Saturday school. In this case I 'll have to resign from my promises, because I won't be able to support everything. She wants me to pay for everything extra, even for her nanny, because she doesn't have time to take care of our daughter. Now i pay nearly 25% of my income for one child, and the court doesn't care about my involvement in rising our child.


A:  David's Answer:    The issue is that generally you only have a right to have a trial once, and you would've had the obligation to present evidence of her lie at that time. If you didn't ask for the proper disclosure at the time, it may be too late now to have, essentially, a re-trial on the same issue. The question really becomes whether the court is taking out too much relative to your pay. Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

How can I get a change of venue out of Onondaga County, when they have denied them in the past?

Q:  How can I get a change of venue out of Onondaga County, when they have denied them in the past? I've been informed that the original jurisdiction has to approve it. There is a current order. There are no pending petitions/motions right now, but if I want to petition a new one, can I just submit it to another court outside of Onondaga, along with the change of venue request?


A:  David's Answer:  Generally support & custody applications are done in the county where the child resides. That said, if venue was established in one county & change of venue previously denied, then it's likely to be denied again. If you file in another county, the other parent can oppose the application & ask that venue be changed back per the prior order. Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I entered into a temporary joint legal and residential custody until trial. We have 50/50 and live 60 miles away from each other

Q:  In this temporary agreement, my lawyer wrote an incorrect pick up and drop off location for my husband and I to transfer our child to one another also, my lawyer wrote that I will not receive any retro active monies for legal or child support. Due to the error on the pick up/drop off and being bullied to agree to no child support until trial to allow me to leave the county I was living in while married, can that temp agreement be modified to award me retro activity of legal and support until trial. My husband gives me no money for my son or his child care and makes most of his money off the books.


A:  David's Answer:  If the agreement was characterized as an interim settlement, then I see no reason why you couldn't press the issue of retro at trial (as you can say the agreement was merely that you weren't ask for the retro "at that point," but now are). That said, I'd prefer to see the agreement before rendering a definitive opinion. You're thus best advised to schedule a consult with a Child Support lawyer in your area for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Underaged girl lied to my son about age, now baby is invoved, paternity shows hes not the father. What can I do?

Q:  My son was with a girl when he was 17 and the girl lied about her age. There is a baby involved now. My son is now 19 and the said girl is 16 (her true age). I, as his mother wanted to know if that was his child so I did a paternity test. It came out that he's not the father.
What can I do to remove my son out of this situation when she constantly threatens my son with the child and gets her brothers to hurt him whenever possible?


A:  David's Answer:  He should immediately sever any contact with her. If he asks to see the child, provides any financial support for the child or does anything else to "hold himself out as the father," he may later be precluded from denying he's the father. If her brother attempt to assault your son, call the police. Call a Child Support lawyer in your area to schedule a consult.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I am divorced 13 yrs. I want to file for support modification. My daughter is in college. I have paid for the first two years.

Q:  The stipulation of agreement reads that each parent is to contribute 1/2 of all college,living, medical expenses, the other parent gets credited c.s. contributions. I assumed all was included in the original child support petition when my daughter was a child. I learned recently that it was not when I petitioned for c.s. arrears. I was told that a modification petition was necessary to have college expenses added. Family court said with a magistrate, lawyers are not necessary. I have all receipts and records of expenses paid with copies of all and I hope all other required documents. I just want the father to pay my daughter's next two years of college expenses. I cannot afford a lawyer. Do I have a good chance? What are all the required documents, so I can re-check my work? Thanks.


A:  David's Answer:  You are nearly always better off with a lawyer than without one. The question also is whether you ever sent the bills/receipts to the NCP & proof thereof. You're best advised to bring in all your paperwork to a Child Support lawyer in your area for a full review & assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

CP Makes More Than NCP. How Will Support be Calculated?

Q:  I am the CP of a 3 month baby girl. I make about $60,000 and NCP makes about $30,000. I also have a 9 year old daughter from a previous marriage, whom I am not receiving CS for. Will the magistrate use my salary in comparision to NCP when calculating CS or will it be just a straight 17% (New York) of his salary going to the support of his child?


A:  David's Answer:  While the statute as written considers both incomes, what you make does NOT effect the calculation unless combined parental income exceeds $141,000. You can get an idea of what child support will be by using this calculator: http://www.nyc.gov/html/hra/html/services/child.... Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)