Legal Question in Family Law in New York
Child Support
If the father of my child makes a million dollars a year and I make fifty thousand dollars a year....how much child support can I expect to receive...the full seventeen percent or is there a cap on the amount over eigthy thousand dollars.
3 Answers from Attorneys
Re: Child Support
The guidelines provide that the court has discretion to depart from guidelines to the extent the parties' combined incomes exceed $80,000.
If you want to discuss your specific case. Please feel free to contact me directly.
Daniel Clement
Re: Child Support
Awards of child support based on parental income over the amounts you have indicated are based on the court's application of several listed factors. The court will not allow child support to be used to provide you with a windfall but you should stress such factors as "the standard of living the child would have enjoyed if the marriage had not been dissolved" and "whether one parent's income is substantially less than the other parent's". Certainly you should insist on a much higher figure than merely 17% of $80,000.
Jeremy Morley
Morley and Trager
www.international-divorce.com
888-393-1923
Re: Child Support
These "above $80,000" cases are very fact-specific. Suggest you have an in-depth consultation with an experienced matrimonial attorney.
If you wish to discuss this with me privately, please call to schedule a consultation: (516) 741-7799.
I practice in NYC and Long Island.