Legal Question in Family Law in New York
R childcare expenses incorporated into ChildSupport
I am signing my divorce papers in the next day or two. A change was made upon initial signing to the portion regarding ex's income. He upgraded his employment and pay and, therefore, child support was adjusted accordingly. 8 weeks after initial signing, papers were returned to me and I noticed that it states ''non-custodial parent may be required to pay 29% (3 children) for child support according to CSSA, in addition to child care expenses and unreimbursed medical.
It does not state on the following page, though, that child care (babysitting while I'm at work) is included. It states unreimbursed medical and dental and pharmaceutical. Are they one and the same as my ex is telling me or are they,in fact, two separate entities.
What can I do at this point? My attorney states as I have no money, it is not in his best interest to pursue this for me.
My ex also says that Child Support is part of my income, equalizing both of our incomes.
The papers have not been filed in court and I must sign on Friday, so the attorney will bring them to the court appointed deadline on Monday.
WHAT can I do at this point? Thank you.
3 Answers from Attorneys
Re: R childcare expenses incorporated into ChildSupport
"Child care" expenses, generally are "add ons;" they are not included in "basic" Child Support ordered. Also, the "add on" expense must be a specific sum, or percentage, to be paid to a specific person or agency, that was presented to the Court, (or the other party) and is usually based upon past or actual payments or invoices.
Your present attorney has an obligation to explain to you the meaning of all the terms and conditions included in your Stip, before signing.
If you have verifiable child care expenses, a portion of which the father has agreed to pay, then you may hand write them in (& initial) before finalizing the Stip, before the Court.
Good luck,
Phroska L. McAlister,ESQ
Re: R childcare expenses incorporated into ChildSupport
As you are a woman, I recommend going to the court and asking for a 'pro bono' attorney to take your case.
Re: R childcare expenses incorporated into ChildSupport
I am not sure if you are talking about an agreement or a proposed judgement. Assuming it is an Agreement or Stipulation, the child care payment should be spelled out in terms of what percentage each of you will pay and how the payment will be made, etc. You could insert what you want it to read in black pen and have all parties initial the addition. Child support is not part of your income for tax purposes, however, your child support does contribute to the childs portion of housing etc.
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