Legal Question in Family Law in New York
Child Support and overtime
I pay $973 a week in child support. This figure was based on a work week of 64 to 70 hours at a base salary of $35.00 per hour. I have dystonia. It is greatly aggravated by these long hours. This condition also caused me to break 6 ribs during normal activity. Can the court make me work more than 40 hours a week? I have medical documentation that recommends that I reduce my hours considerably. If I do I am concerned that I may lose my assets as I inherited considerable sums from my family to include a house. Recently my former spouse has filed an increase to her share from $581 to $833 per week. This would require that I work 80 hours per week. We have 3 children. I am in the 28% tax bracket. I also have a 3 year old from a recent relationship. This makes my child support obligation 29% to the ex-spouse and 17% to the ex-partner. I am also ordered to pay 61% of medical costs and 50% of extra-curricular costs. If child support is increased my health will suffer considerably and I will be working for nothing to take home. What are my options to not lose my assets and my sanity? Does the court consider medical limitations when ordering child support? These hours also greatly limit my relationship with my children.
1 Answer from Attorneys
Re: Child Support and overtime
The Court cannot require a parent to work 70 hr work weeks; or to such an extent that a parent's health is jeopardized.
However, your children ARE entitled to fully share and benefit from everything you have or own, while you are obligated to support them. Although, an EX spouse is not.
Thus, Child Support is intended to be to maintain the standard of living for the children that is equivalent to what they had or would have, had the parents remained together.
Therefore, where You have significantly more resources and assets than your EX and a higher standard of living than your children, the Court can base your child support on more than just your wage or employment income, to essentially "equalize" the separate households.
yOU SHOULD HAVE A LAWYER. GET ONE.
Good luck,
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