Legal Question in Family Law in New York

How much child support does he have to pay now?
My husband's divorce from his first wife stated that he has to pay $142 each week for the child support of their three children and that it is to stay at $142 until all three children are graduated from high school or college. The two oldest children are 21 and over and on their own. There is only my husband's 17 year old daughter at home who is graduating from HS this month and will be starting at a community college in the fall. He understands that he needs to continue to pay CS. In the meantime he started a new job recently with a Union in which he is sometimes laid off from periods of two weeks or more. During that time he would like to reduce the amount of CS he pays. He maxes on unemployment at a gross of $405 a week. After FICA at .0625%, 17% for one child would equal $65 per week that he would give her,not the $142 that she thinks he should still be giving her. He doesn't want to take her to court over this, but if he pays as above and she takes him to court he wants to make sure that he is correct in the way he is paying her. Or should he just take her to court and have the child support modified to the 17%? When he works he pays $142 regardless of if he works overtime or not.

Asked on 6/05/05, 3:45 pm

Debra Palazzo Law Offices of Debra Palazzo, LLC

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Re: How much child support does he have to pay now?

He has to seek a court ordered modification. If he doesn't, she can take him to court later and he will owe the arrears.

He needs to file a petition in family court to seek downward modification.

Answered on 6/05/05, 5:50 pm

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