Legal Question in Family Law in New York
Wife earns more money
I earn $10,000 more a year than my husband. How does this affect a divorce? Will I still be able to get child support and will he still have to repay some of the debt between us?
1 Answer from Attorneys
Re: Wife earns more money
Child support goes to the custodial parent, no matter which earns more money. The custodial parent doesn't pay child support to the noncustodial parent.
NYS has a formula for child support, and it roughly is as follows:
Add both parents incomes, subtract FICA taxes paid by both. A percentage is applied to total parental income depending on the number of children. The total child support divided according to income.
Debts will be split according to whatever agreeement you come make. He may insist splitting it according to income.
For example on splitting percentages, if one spouse makes $60K and the other spouse makes $40K, then the child support would be split 60/40. The spouse earning $40K likely will want all expenses split 60/40.
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