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.


Asked on 3/30/01, 7:35 pm

2 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

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.

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Answered on 6/08/01, 11:44 am

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.

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Answered on 6/04/01, 6:35 pm


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