Oceanside, NY asked in Child Support for New York

Q: My husband is currently paying child support in full for 3 children. The youngest child is now living with us.

He makes $120,000 a year and she shows no income but has investments that pays all her bills and home ownership. He is currently paying $3000 a month for his three sons, which is above the legal amount already and now we are the custodial parents to the youngest. Looking to find out how much less he should be paying?

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1 Lawyer Answer
Nina Mironenko
Nina Mironenko
  • Huntington, NY
  • Licensed in New York

A: Child support for 2 children is 25% of gross - less FICA taxes (you only deduct FICA taxes from the gross). You need to file a petition for child support and modification of child support. If her investments give her an income, or if she draws on the principal, the court should consider that income, or at the very least, impute an income to her.

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