Legal Question in Family Law in New York
Primary Residence - Child Support
My ex-husband and I have joint custody of our 2 children 15 & 11. The children have lived with me for the entire time after the divorce. As my son became a teenager he begain resenting doing chores around the house. I now have a boyfriend who my son resents for taking over the Head of household position.
My son chose to live with his father as of October 2003. To date nothing has been filed in the courts about the change of living status or a change of support.
My daughter still lives with us, so support should still be paid for her.
My ex's salary is approx. $60,000.00 and mine is $24,500.00
My ex has moved out of the school district but my son still continues to go to school in our district.
The questions:
1) Should child support be reduced? Who should persue?
2) If he decides to request reduced child support for my son living with him now, could he demand back payment for support after Nov.1st to current?
3) Will I have to pay child support to my ex for our son even when his salary is so much greater?
4) Should I petition the courts to change support to protect myself from back charges?
3 Answers from Attorneys
Re: Primary Residence - Child Support
1) Your ex-husband could ask for a reduction in the child support he pays you now that your son is living with him.
2) He in obligated to continue paying you any court ordered support until the court orders a change. The court will only order the change from the date your ex-husband files for the modification not the date your son moved in with him.
3) Yes, you could be obligated to pay support for your son if your ex-husband so requests.
4) You can if you wish but it is not necessary.
(914) 668-6622
Re: Primary Residence - Child Support
You will not be charged for support you "should" have been paying, per a modified support order.
Arrears are calculated from the file date of the [modification] Petition.
You can approximate your support obligations by applying the 17%.....formula to your respective CSSA incomes, to wit: 17% of ($60,000.minus 10%); and 17% of ($24,500. minus 10%). Given your Ex's substanially higher income, absent other circumstances, your EX's obligation will continue to require that he contribute support to you.
The decision to Go to Court to modify or adjust should not be made until you have attempted and failed to access what your respective financial obligations are per the formuala.
GOOD LUCK,
PHROSKA L. McALISTER, ESQ.
Re: Primary Residence - Child Support
It is the person who would benefit from the changes right to seek a modificatation. Until he does so, he is responsible for paying all the child support to you.
Daniel Clement
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
