Legal Question in Family Law in New York
Re-calc of Child support payments
I am currently paying Child support of 29% (3 kids) from my previous marriage. I know have a 4th child with my girlfriend. We put together a written agreement of how much I should pay my girlfriend per month. Can this written agreement be used in family court to reduce my C.S to my ''x'' wife? If so, will the courts adjust my gross salary by this written agreement amount?
1 Answer from Attorneys
Re: Re-calc of Child support payments
Yes, but the agreement might be insufficent for a court to reduce your 29% support. However, a court order has a more binding effect - i.e. the court has to consider support paid pursuant to a court order. Both of the foregoing scenerios are based upon you and your girlfriend actually splitting and you paying support. If you are together and simply entering into an agreement to set up your obligation, it is unlikely that a court will reduce your support. Simply put, you knew about your support obligation when you had another child.
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