QUESTION

How to calculate child support when there are 2 children and they each live with one parent?

Asked on Mar 23rd, 2015 on Child Support - New York
More details to this question:
Hi, My fiance's ex wife moved to KY from NY 2 years ago with their 2 boys. Child support was adjusted then to deduct the travel expenses my fiance now has in order to visit them once a month. However, last month, she asked him to take their youngest son to live with us until July. Unfortunately, it now seems that she doesn't plan on ever taking him back. How should child support be adjusted in such case? With each of the 2 sons living with a different parent? Also, my fiance wants to keep going to visit his other son and have the 2 brothers spend time together, which means that his travel expenses will now double. Please let me know what our options are. Thank you.
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1 ANSWER

Divorce Attorney serving Garden City, NY
1 Award
Hi Since i don't know where the support order was entered (I'm assuming somewhere downstate NY), the best thing for your fiance to do is to go into Family Court in your county (it's the cheapest way to go and he can represent himself), file a petition for modification of a child support order of another court (if the support was established in Supreme Court) and seek a reduction in his child support based on the fact that one of the children lives with him.  If there's an agreement between the parties, typically one of the emancipation events is that a child goes to live with another parent.  Unfortunately most of the emancipation provisions are not self-executing so you actually have to go to FC and file a petition for a modification in child support based on new facts.  You can't simply stop paying.  I would bring the agreement and/or judgment of divorce and any prior orders of support to the petition clerk.  Get there early in the morning.   Because Mom lives in another state, the FC here will handle dealing with a KY court so you don't have to worry about getting her served. I hope it goes well.  It's not that difficult a process but annoying. Ilysa      
Answered on Mar 23rd, 2015 at 12:12 PM

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