Legal Question in Family Law in New York

Want to take the father of my kids for child support. He said he could fight it because he has a lot of bills and the courts will look at that. He doesn't give me money on a weekly basis. Probably 50 a month. What does the court consider. He also said he will fight for custody. He has access to his children when ever he wants I never denied him his children but he only has a bedroom he rents and sates he doesn't have enough space. I pay for their school medical insurance rent clothes food. He doesn't provide can he get custody.


Asked on 5/12/14, 12:58 pm

3 Answers from Attorneys

Kristen Browde Browde Law, P.C.

The court will not care about his bills.

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Answered on 5/12/14, 1:27 pm
John O'Donnell Attorney at Law

In New York, the law requires that the basic support amount be set as a fixed percentage of combined parental income depending on the number of children requiring support. The required percentages are as follows:

1 child 17%

2 children 25%

3 children 29%

4 children 31%

5 or more children at least 35%

To get a rough idea as to the amount of child support he would be required to provide, you may apply the applicable percentage to about 90% of his gross income. He would also be responsible for a share of any medical expenses for the children that are not covered by insurance.

His threat to petition for custody may be just that--a threat. However, I recommend that you consult with an attorney. If you live in the New York City area please feel free to contact me for a free consultation. I may be reached at (212) 786-7539.

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Answered on 5/12/14, 1:29 pm
jeffrey lazroe Jeffrey A. Lazroe attorney at law

I agree with the above. The court does not consider the bills of the non-custodial parent.

The percentages are as stated above. The formular is gross less fica. I always figure about 92%of gross is used as the basis. But depends upon the fica.

As you can see from my answer and from others, it is pretty standard.

Jeffrey A. Lazroe, Attorney at Law, 37 Franklin Street, Buffalo, New York 14202,

1-716-856-8811

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Answered on 5/12/14, 3:14 pm


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