Legal Question in Family Law in New York
(2nd Family) Filing for Child Support -
My husband has an order in NY for Child Support for 2 kids - and we had a baby born in 2003. We are in the process of seperating and according to the NJ guidelines my CS order would be for $53.00/week - (because we make almost the exact same salary) we BOTH agree that THAT is a ridiculous amount. If he did not include the amount he pays out to the kids in NY MY son's order would be for 159.00 - which is a little closer to the amount we AGREED on ($200-250/wk since I pay for son's health insurace, college fund etc) Would the judge allow us to deviate from the standard guideline? also, he fears that if he shows he can pay ME that much that the NY order will also be increased if she (his ex girlfriend) came back for a modification (since he'll be paying ME above the guideline amount) he does not want to just PAY me - we both want a court order - he also doesn't want to pay me 'extra' if it's going to affect his NY order if we came to an agreement on an amount would it be reflected as such on the court papers (if so would that affect his NY order) or would it be the ORDERED amount to pay - so that in 2 years he couldn't come back and say he wanted guidelines used and lower the support my son receives?
1 Answer from Attorneys
Re: (2nd Family) Filing for Child Support -
While this is a difficult time for you, it is good he is not looking to pressure you for money or use the support issue as leverage. This problem could be worse! He is to be commended for his integrity in this matter.
The law establishes a minimum cs that you may seek. You and your ex are welcome to agree on a higher number. And the judge will be happy to approve of the higher amount and incorporate it into an order.
You are welcome to a consultation at my offices at 42 West 44th Street for no fee. Please call for an appointment first; (646) 591-5786.