Legal Question in Family Law in New York
child support
went to court 3/26 17% of ex's income allows me $176.00 per week he is fighting it because he has an insurance family plan of $49.00 he only wants to pay me $150.00 my daughter has her own insurance which i pay for his plan includes his wife and new child which he would pay the same amount for even if my daughter wasn't on his plan. can he lower my payments or not and should i go after him for a portion of my child care expenses
1 Answer from Attorneys
Re: child support
He cannot unilaterally lower your support. Nor can he apportion all of his insurance payment to your daughter.At best it should be only a percentage of the payment. You are entitled to support and a portion of child care expenses as apportioned by the court. You should seek a ruling giving you your complete amount due you and then you can forgive or credit him as you see fit.