Legal Question in Family Law in New York

Child Support

I currently pay my 17% as required; this amount was figured in prior to me having 2 additional children who live with me. I currently pay out a large sum of money for daycare and related expenses for my 2 children (ages 5mos and 3 years). I wanted to know if this is taken into account when/ or if I were to file for a reducion. I am also spending more for the first child as he was added to my dental insurance and needed braces. I currently pay 2/3 of all related medical/dental bills because his mother is going back to school. I wanted to know if the amount I pay for support is reduced when there is a second and third child in the picture or if the State of New York discriminates against the 2 younger siblings buy giving more to the first.


Asked on 5/04/06, 2:42 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child Support

Good Question. The "politically correct" answer" is: it's not supposed to discriminate against the interest of the children, for support from their non custodial parent.

But, clearly, as you have noted, application of the formula often does. Since, It does not require an "Equal" contribution, sum, payment or support from the non custodial parent, for each of the children.

The Application of the Child Support percentage, is not necessarily a "straight percentage." And, It may be allocated based on a "Household income formula," a "Needs" formula, a who gets to the court first formula or has a preexisting agreement, etc.. Which may result in the children receiving unequal sums for child support from their non custodial parent.

Good luck,

Read more
Answered on 5/05/06, 8:35 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York