QUESTION

Filling my own divorce and not asking for child support, Do still need to file child support papers in the state of NY

Asked on Jan 29th, 2013 on Divorce - New York
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1 ANSWER

Family Law Attorney serving New York, NY
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In New York State, child support cannot be waived by either party as part of a divorce proceeding.  If you have a child or children in common with your spouse, and you will be awarded primary custody of the child, then the state will not allow you to proceed with your divorce without the matter of child support being settled.  You will need to submit the child support papers to show what the presumptive amount would be based on your income and your spouse's income, and if you both agree that it will be lower or higher than the presumptive amount you need to state why you are deviating from that amount.  
Answered on Jan 31st, 2013 at 3:21 PM

Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com

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