Legal Question in Family Law in New York
Child Support Modification Again
I was paying my ex-wife child support and maintenance for 5 years. The maintenance ended this year the child support amount was increased as per our agreement. She then asked that the child support be switched to the collection unit which I agreed too (big mistake). The court then gave her a COLA increase (which is second change to child support this year) and she objected to it saying it is not enough! Now we are cgoing to family court and she wants to seek more. What can I expect out of this court session? How can I prepare? Do I need an attorney? My issues are that the money which she says is not enough, is more than enough to support the children. She is using this money for herself and not for the children. She also works. We have joint custody. I think it is wrong that she can keep getting more from me. How does her salary play into this? Will the judge look at the true expenses and her salary before just giving her 25% of my salary. All help is appreciated. Thank you.
1 Answer from Attorneys
Re: Child Support Modification Again
Search the web for the NY child support standard act. You may find a CS calculator there as well. Basicly, both incomes are combined and then it is determined what % of the total income each of you earn. You pay, that % of the 25% CS plus add-ons, such as 50% medical, etc.