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  1. #1

    Default Requesting Lowering Due to Transportation Expenses

    My question involves child support in the State of: NY

    I've never posted on any of these forums before but I've been paying child support for the last 3 years since my ex-fiance and I split. Our daughter is now 5 years old. I'm currently paying nearly $1,200 a month ($800 of which is my support order, the rest for daycare) in addition to her being on my health insurance.

    I'm not a deadbeat father, I spent every chance I get with her, take care of her mentally, emotionally & financially, and only recently got my legal rights as her mother was playing games with the custody. That being said, my daughter lives in PA and I live in NY. Custody was under the jurisdiction of PA and child support of NY. My NY (child support case) lawyer informed me that once my legal rights were back in place I may be able to get my support lowered considering my travel expenses and maintaining a larger home and financing our time together in a higher cost of living than where she lives with her mother. I only have her every other weekend, alternating holidays and 3 weeks in the summer, but every weekend I have her runs me approximately $110 in gas & tolls alone. This doesn't include the nearly 220 mile round trip wear & tear.

    That being said here's a few of my direct questions:

    1) My child support was negotiated based on the salary of my previous job as I had only just started my current job a month before this order was put in place. If I request a modification/lowering of support, could they actually increase it since I"m assuming I'll have to update my currently salary (went from $75k at my previous job to nearly $95k before bonus). I may sound like I'm whining but due to cost of living in NY, it's hard on top of the taxes a single man w/ no dependents incurs.

    2) I would like to move back to PA sometime soon, to be closer to my daughter and perhaps attain split custody, but the cost of living is far cheaper there and the salaries much lower. What are the odds of being able to get it lowered to match a new income which is lower and taken voluntarily in the interests of being closer to my daughter?

    3) Sort of goes along with question #1, but at my original child support hearing my lawer stated that the nearly $400 I was paying in daycare should lower/go away when my daughter starts school, which is this Sept., but since her mom works until after school hours, she'll have to be in an after-school program. Am I obligated to pay this? If so, shouldn't it go down? And if I do bring this to court, the same question from #1 applies, will I run the risk of it going up?

    I appreciate any help, I feel like I'm at the end of my ropes. I'm 27, make a very good income and I feel like I'm constantly struggling. The cost of living in NY (Brooklyn), not even in the nicest neighborhood combined with day to day expenses (car maintenance which I can barely afford, groceries, etc) plus trying to do things with my daughter is hard. I had no problem sending her mother money and buying my daughter things that she needed, but the fact that this money is calculated before tax and then deduced is crippling, after taxes I basically come home with 4 times the support that I know my daughter isn't seeing much of. My apologies if this was too much of a rant. Thank you.

  2. #2
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    Default Re: Requesting Lowering Due to Transportation Expenses

    If your income has increased, your current income will be considered when support is recalculated.

    The statute governing child support determinations in New York can be found here; you can ask your lawyer what provision he is asserting as a basis to modify support based upon transportation costs.

    You cannot take for granted that the court will lower your child support obligation based upon your voluntarily taking a pay cut.

    If the court orders you to pay a share of the child's aftercare, or if that's covered by the current "daycare" provision, you will have to pay a share.

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