Rochester, NY asked in Child Support for New York

Q: In my separation agreement, it says that my child support is paid based on a salary cap of $80k. Is this what they go by

Currently the salary cap is much higher than that. Will they go by what is in my agreement or what current law is?

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1 Lawyer Answer
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
Answered
  • Syracuse, NY
  • Licensed in New York

A: Assuming your agreement makes the proper recitations of respective incomes and the presumptively correct amount of CSSA guidelines is outlined together with waiver language for the downward deviation, the court will honor your agreement. But that does not mean that possible change in circumstances does not exist for a modification. How are attorney review the agreement with you.

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