Legal Question in Family Law in New York
child support
I have two orders of support for my two sons from different mothers. One son is receiving 30 weekly and the other 104 weekly. I change jobs and the mother of one of my sons got me when I changed jobs and is receiving more money. I want the support to be even.
How do I get the court to lessen one order and upgrade the other without going to court twice if possible. Can I just go with the two orders and my pay stubs to have the judge split the order to $67 weekly to both sons so it equal to the total amount I am paying and they get the same amount.
2 Answers from Attorneys
Re: child support
If you would like to equalize the support between your two children, you will have to take the matter before a hearing examiner in the family court. If you were to begin to pay less to one of the mothers, you could be found to be in violation of a court order, and end up with big problems. Contact a local attorney to assist you in this matter. You could handle it yourself, but an attorney with experience in this type of case will make it easier on you in the long run.
Re: child support
Child Support is strictly a creature of
statute in NY It is, in your case,
17% of your gross income, minus FICA and
minus any sums paid pursuant to a child
support order. The only adjustment
made is to reduce the base for imposition
of the percentage by the amount being paid
to another. This does mean that the person
winning the race to the courthouse gets an
advantage.
If there were one mother and two children,
the amount would be 25% of the Gross minus
FICA.
You can do the math yourself, or retain
counsel to ensure the proper calculations are
being made.
Do not also forget that there is legal
authority which states that the mere change
of changes and earning more money does
not constitute a change in circumstances
permitting the upgrade of child support
amounts, but courts are notorious in
ignoring this.