QUESTION
Chance of getting Child Support lowered?
Asked on Jul 30th, 2013 on Child Support - New York
More details to this question:
Who: myself, ex girlfriend and 18 month old child No current "legal" custody agreement. No current "legal" support agreement. Mother currently has primary duties and I only have bi-weekly visits to my child. Mother works off the books/under the table I provide a full 17% (NY State) amount of child support. After child was born, mother moved away and I have to travel 3 hours each way to pickup and dropoff child. Mother is inconsiderate and refuses to meet me partial way to save time and money. Im looking to better this situation for myself and child, will I have any success in court in regards to shared custody, help financially or lowering child support? Thank you. Hopefully ive provided enough detail. We both reside in.NY 3 hours away from eachother.
1 ANSWER
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You didn't really provide enough information about the custody situation but there is no reason you can't have shared legal custody (from your facts anyway). Moving closer could allow you more time. As far as child support, a court would consider the distance and expense of your travel and might deviate from the CSSA because of that extra expense. For one child, the statute is 17% of the COMBINED PARENTal income, the split that 17% on a pro rata basis. Make sure you deduct FICA (social security and medicare) and NYC or Yonkers tax from your and her income before you do the calculation. For a more detailed answer, you should consult with some attorneys in person. Good luck!
Answered on Aug 15th, 2013 at 3:19 PM