QUESTION
the judge did NOT use "DADS" true yearly gross income when determining the basic child support obligation....can i petition to have the order vacated
Asked on Jun 03rd, 2013 on Child Support - New York
More details to this question:
this agreement was a deviation from the CSSA guidelines....judge didn't use true gross income, I didn't have a clear understanding of the CSSA or that we were deviated from them...also wasn't provided with the presumptively correct support amount that would have been calculated pursuant to the CSSA.... Sloam V Sloam and Schaller V Schaller are similar cases where they were not validly executed and were vacated or found unenforceable. Do I have a leg to stand on....this will be the 3rd hearing and so far im being disregarded due to no attorney..."dad" has one....the difference between the true income and the incorrect amount used is 15,000.00 dollars...I make 18,000.00 yearly and our son is with me full time...
1 ANSWER
It seems like you should consult with an attorney to sit down and examine what factors the court did in fact examine when determining child support. Keep in mind that child support is based upon the "adjusted gross income" of the non-custodial parent, which allows the court to make deductions from the father's gross income to account for city taxes, FICA, union dues, and any other child support orders already being paid for other children.
An attorney would help examine the financial documents submitted by the father and advise you whether you have a case to increase the child support order.
Answered on Jun 05th, 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