Legal Question in Family Law in New York

Child support calculations

My ex husbands income was capped at 150,000 a year (he makes much more)for child support calculations. Income was imputed to me. My question is regarding pro rata shares. His percentage was based on the capped income not his actual income. Is that correct? When I run the numbers with everything included (healthcare, childcare etc.)I am paying 60% of my gross income and he is paying 5%. From what I have read it seems to me that the pro rata shares are determined based on combined income from all sources and then the child support is determined. Which is correct?


Asked on 5/12/04, 3:53 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Child support calculations

The judge had discretion to cap his salary at $80K but went to $150K so this is valid. You add both incomes (capped amt) together and determine what percentage of that income is his. That's the percentage of CS, expenses that he pays.

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Answered on 5/12/04, 10:05 pm


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