Legal Question in Family Law in New York

% calculation for child support

I have one child that I am currently paying support for. I have 2 children living at home with me. Should I fall under the 29% for 3 children and have the amount split between the 3? Currently I am paying over $500 per month for one child, including daycare but not including uncovered medical and dental expenses) while having issues at home with daycare and other expenses for the children who live with me. With my current income of $40k per year how does the court figure in other children or are they just discriminated against because they live with me?


Asked on 12/07/06, 12:27 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: % calculation for child support

The law does, in fact, provide that your children living with you may be discriminated against in the course of awarding support for your third child residing with someone else. The 17% CSSA guideline applies, though the Court has discretion to adjust your support obligation to account for your responsibilities at home. You need to make the case as best you can, and I advise you to retain an attorney to help you do that. Feel free to call my office to discuss this further.

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Answered on 12/09/06, 11:00 pm


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