Legal Question in Family Law in New York
is child support required to go through the state and do i have to pay 17% now that we are getting divorced even though my wife and i already had an amount worked out? this is what her lawyer is telling her!
2 Answers from Attorneys
Q. is child support required to go through the state
A. No, although it is recommended.
Q. do i have to pay 17% now that we are getting divorced even though my wife and i already had an amount worked out?
A. 17% is the percentage for one child under the NY Child Support Standard's Act. You may option out of the percentage, however, you have to give the court a valid (and good) reason, even if you already "worked it out".
Mike.
Child support does NOT need to go through the state unless she requests it. The amount you must put down on paper is 17% and is required by law. If she decides to collect less or more from you, that is between the two of you, but the proper amount must still be reflected in the documents.
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