Queens, NY asked in Child Support and Divorce for New York

Q: Child support breakdown inquiry

I make 120k, my mother's children makes 50k; we have 3 children - what would be the accurate child support breakdown given that we have surpassed the combined income gap. Does she have to petition for anything above that cap and can I get the support modified? currently we have 50/50 joint legal custody in an ongoing trial.

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2 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: It is impossible to accurately answer your question without more information. However, as a general answer the courts generally go over the cap when there isn't a significant overage. Child support is generally awarded to the lower earning parent. Support can only be modified upon a showing that there is a change in your income that was not your fault and that you can't find work commensurate with your prior earnings.

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Commack, NY
  • Licensed in New York

A: While the cap is supposed to be $154,000 combined income and yours is $170,000, the liklihood is the court will still use the 29% CSSA calculation. In rare circumstances, the court would only use the calculation up to the cap and then it is discretionary after that, but that would require thinking and that is asking too much of the court. If there was very high income (combined in the millions), the court does use the cap, but that is not your case.

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