Child Support?

Question

I have a daughter 12 with a former girlfriend . We parted ways 2 years ago . At that time I agreed to $400 a week for child support .I could afford it than.I have never been late or paid less. I see my daughter often .I pick her up from school at least 4 days a week at stays until after dinner. She also sleeps over as little as 2x's a week.My X is taking me to court for more child support due to increase in cost of living.I am not in the same situation I was than with more debit .I am having a difficult time with the $400 latley. I make 58k a year gross.I own a home and have a mortgage. I petitioned for lower child support due to increase in cost of living as well.I cant afford a lawyer. What can I bring to court to help me / What should I say to the judge to have him understand I need to lower this? What is the minimun I have to pay ? She works and makes 32k a year also . Please help

Im sorry , I live in NY

Answer 1

Each state has worksheets that determine the amount of child support. You enter in the amount each person makes, some allowed expenses, look up the total in a table and find the support amount. The support obligation is then determined by each person's share of the total support obligation.

I ran the numbers using the Washington support calculator and it shows your support payment should be ~$785.

You can calculate yours at http://www.alllaw.com/calculators/childsupport/new_york/

Answer 2

Go to your state child support enforcement web site. It should have a calculator. This will help you find out if what pay range you should be in.
I don't know if this is the right site for you but this is what I found.

http://www.nyc.gov/html/hra/html/revenue_investigation/OCSE_child_support_calculator.shtml

If your x is has an attorney then you will probably need one.
You probably should have one.

ALWAYS DOCUMENT EVERYTHING and make every payment on time.

***I can not say this enough:***
DOCUMENT ~ DOCUMENT ~ DOCUMENT everything!!!!!

Pay consistantly, on time each month. DO NOT GIVE CASH.
Always pay by money order or check and keep copies of the receipts, money order stub, and cleared checks of EVERYTHING YOU HAVE PAID.

***If you pay directly to ex then get a file and keep organized records of every child support payment.***
***Keep receipts of everything you buy your children because EVERYTHING you buy can be applied to your child support arrears***if there is any. Never say it was a gift ~especially if there are arrears.

If there are arrears then the x can file to get income tax refund so don't file jointly with your new spouse unless the tax company you use documents it so the irs does not take your new spouses part of the refund. not sure about that but you will have to ask a cpa.

In some cases it it better to go through the child support enforcement office because it holds both sides accountable BUT if you ever get behind on a payment they will become the child support payee's enemy and no matter what your x is doing will not matter cause THEY WANT THE MONEY.

KEEP GOOD RECORDS on visits, children behaviors, phone calls, money, time spent and not spent together & etc.

The states look at child support and visitation as seperate so keep good records on both. You will thank me for this in years to come.

http://www.fcnetwork.org/library/p3Child...

Look at this web site...print it off and glean from the information that can help you. It will show your rights. Don't be concerned with who it is for just the good information. I like it cause of it's lay out and simple to understand.

Answer 3

http://www.alllaw.com/calculators/childsupport/New_York/

is a child support calculator that will give you an idea of what you'll probably be ordered to pay. It is possible that because of the amount you have your daughter the judge may award shared custody child support...which would mean you would pay less. That's the way it is for my older bonus daughter. Since the court order has her at her mom's a certain number of nights a year her mom pays half what she does for my younger bonus daughter. Even though my oldest bonus daughter hasn't gone over there in 2 years that's the way it is.

Answer 4

Your support obligation will be 20% of your income. In most states, it does not matter how much she makes nor how much time you spend will your child when determining your obligation amount. This 20% will take into account any unavoidable deductions to your income such as taxes, union dues, and such. This will not take into account mortgages, utilities, and vehicles. Make sure you take a copy of your recent check stubs and last year tax return when appearing.

Answer 5

It will go on how much you both make. Your debt I dont think will have anything to do with it.
Good Luck

Answer 6

massachusetts standard is 33% of your income