Legal Question in Family Law in New York

Re: Child support determination

The simple answer to your question is no. The child support is awarded to the person who is the custodial parent regardless of the amount of time that the children are with the other parent. If you stated that the children are with you for at least 45 to 50 percent of the time, you would have a good arguement for a modification of the child support order. Outside of that you don't have a chance.

Re: Child support determination

Probably not. Child support is not based soley on where a child is half of the time but also based on other needs the child has. The computation is meant to weigh both parent's incomes and then apportion based on the percentage of income each brings in. Hence if one parent earns 90K and the other 10k. Then the first parent would be responsible for approx 30% of his income for support and for 90% of the payments for other expenses. While equity may suggest that the split be a little different based on the 66/33 ratio you have it does not seem significant enough to justify a court to adjust support.

If (on the other hand) his ex is hiding income or is not able to take the kids more than her 18 days a month, then you can approach the court. I would be happy to discuss this with you further if you like. You may contact me by clicking on the links below.

Good Luck.

Re: Child support determination

YOur husband may be able to request a Downward MOdification based on that. That will depend on other factors though, if their combined incomes is over $80,000 then that may be a reason for the court to use a different percentage of the amount over $80,000. Or if there is a change in her income, the kids' needs due to them spending so much time with the two of you, as well as other factors.