Legal Question in Family Law in New York
Child support and child custody
I have custody of my two sons ages 15 and 12. The 15 yr old wants to live with his father in NJ. How will child support work if my ex husband makes $250,000 and I make $55,000 a year? Will he still pay me child support for the 12yr old?
3 Answers from Attorneys
Re: Child support and child custody
The child support that the two of you together should pay will be divided in proportion to your respective incomes. You should receive a sum equal to the amount that he owes you for one child less the amount that you owe him for the other child. Jeremy Morley
Re: Child support and child custody
You should go back to court to fix a new amount of child support. If the 15 year old moves in with his father, and the 12 year old stays with you, you will owe child support for the 15 year old, and your ex will owe child support for the 12 year old. Because of the difference in your salaries, he will owe you more than you will owe him. You may be able to work something out stating that instead of you paying him and him paying you, that he will deduct the amount you owe him from the amount he owes you.
If this is not clear, please feel free to call or email me.
Re: Child support and child custody
You should pay child support for one child
on your 55000 (17%)
He should pay child support for one child
on his 250000 (This may be limited to the
first 80,000 under the CSSA, but most
courts still apply the percentage for amounts
over the initial 80000)
The two are netted, with you receiving the
difference
There is an interstate compact between the
two states Any petitions filed in either
state will be handled in each of the respective
courts without the need for either party
to travel to each state
a good lawyer should be able to avoid court
and have an agreement entered outside of
court encompassing the provisions of the law