Q: I am going through a divorce and want to ask for child support. Does it matter that I make a really good income?
A: No. Pursuant to New York law, if you are the custodial parent, the noncustodial parent is responsible for child support regardless of your current income. Its always a good idea to seek the advice of legal counsel to ensure that your interests are protected.
Yes that is one factor that the court will consider. There may be other factors that go into the court's consideration or other forms of support you can receive including through settlement. If you would like a referral, you may contact this firm through its website.
Stephen Bilkis and I gave different answers. By way of background, here is the worksheet: https://www.nycourts.gov/divorce/forms_instructions/ud-8.pdf
Here is a source supporting my position that your income will matter in the calculation:
"Generally, the court determines the amount of child support based on both parents’ income per year and the number of children for whom the parents are responsible. If the parents’ combined income is $136,000 or less (as of January 1, 2012 – the amount changes every two years), the court follows a simple formula that is explained below. If the combined income is more than $136,000, the court could use the same formula for all income or just up to $136,000. There’s more about that below, too."
"The New York laws on calculating child support are Domestic Relations Law section 240 (1-b) and the Family Court Act section 413(1)(b). These laws mirror each other, almost entirely. The factors for income over $136,000 are found in subsections (f) of these statutes. The waiver of guidelines is under subsection (h). To find out if the maximum income has changed or for help with a petition for modification, visit the Office of Temporary Disability Assistance, Division of Child Support Enforcement."
The amount of child support you'll receive will be based on the income of both parents, so yes that may impact your support payments.
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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