Legal Question in Family Law in New York
Dad is paying an unfair amount in child support
My fiance was divorced because his ex cheated on him for a year during their marriage.He has two children (one of them is adopted by him from her previous relationship) which she has cust. of.She is being supported by her new boyfriend, doesn't work and together they are building an expensive house. In the orig. divorce agreement, his salary was much higher and now the supp. payments of $300/wk plus addt'l expenses are not allowing him to have any life for himself and we can't afford to live anywhere.The support agreement wasn't done through the court, but through their lawyers. I don't see how it's possible to require more than $1300/month to support two young children, especially when their housing expenses (and probably food, etc.) are obviously being paid by her new boyfriend.Also, I suspect that all the money he gives her is not going to the kids, and some is paying for her car payment and other pers. expenses for her.Is there any way she can be forced to document what she spends on them?It doesnt seem fair that she caused the divorce, moved right in with the new boyfriend, is being WELL taken care of by him, and is bleeding my fiance dry with payments. What kind of recourse does he have? Please Help!
1 Answer from Attorneys
Re: Dad is paying an unfair amount in child support
Child support is fairly standardized and based upon the parent's income.
The custodial parent is NOT required to give an accounting to the non custodial parent or the court for child support received.
If the NON Custodial Parent's (NCP) income has been reduced; or there has been some other substanial change in his/her circumstance, since a divorce and child support Stipulation, that has a bearing upon the parent's ability to pay the child support ordered, that parent may Petition or Motion the Court for downward modification of child support.
The non custodial parent is usually required to pay 25% of his/her income after reduction of apx 10% for Fica, Medicare & Other (not taxes), for BASIC child support. A non custodial parent is usually required pay a pro rata share of ADD ONS of additional expenses, such as tuition, summer camp, after school and child care programs.
Therefore, if your intended earns $65,000.00/yr or more, it is unlikely the Court will reduce his child support obligation.
The other items you raised re, the custodial parent's boyfriend, car, the child being adopted, what you may believe is the "most" they should receive, etc., are not relevant to the Court in determining child support.
Good luck,
Phroska L. McAlister,ESQ
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