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  1. #1

    Default Does a Low-Income Parent Have to Pay Child Support to a High Income Parent

    My question involves child support in the State of: New York

    My Ex-wife and I have 50-50 shared custody of our 18 year old, including 50-50 residential. Our divorce agreement had me paying a fairly low amount of child support. 8 months ago, he moved in with me full time, because he found living with her intolerable. She said it was ok. He has slept over at her house a total of 3 nights since, and maybe has had dinner with her 5 times.

    Our agreement said, "Child support ends if the child establishes a permanent residency away from the mother." Yes, it specifies "mother." He changed all addresses to be only my house. I stopped paying a few months ago, and she did not challenge it.

    He had to take a medical leave from college (we spit college costs 50-50 by the agreement) due to psychiatric reasons.

    His mother has repeatedly blocked emails where I try to discuss issues pertaining to him. Often, she replies with personal insults and vulgarities. She recently said, "You made it clear that you are in charge of him." I replied that we are still shared custody and I made no such statement. (99% of communication is email, which I save)

    I assume that if I asked the courts for full custody I would be granted it. Impossible to have shared with a hostile ex who refuses to discuss the child.

    I get a large salary, but due to divorce debts (250k) and tax garnishment, my cash flow barely covers expenses. (My 20 year old also lives with me and cannot support himself by his part time work)

    My question is this. I believe the law would say she has to pay 17% of her gross income until age 21. But I understand that NY Family Court can be unpredictable and not follow that rule. What are the chances I would be granted the 17%?

    I would not be asking for support if I could cover his expenses, which now will add 500 or more per month non-covered therapy.

    Thanks,

    MyKidsDad

  2. #2
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    Default Re: Does a Low-Income Parent Have to Pay Child Support to a High Income Parent

    Review the child support standards chart -- for very low income the percentage is going to be less than 17%. Whether a court might find reason to deviate from the formula? That's not something I can address without having access to the facts; but courts will typically follow the formula.

  3. #3

    Default Re: Does a Low-Income Parent Have to Pay Child Support to a High Income Parent

    Thanks for the chart. I should have given more numbers. My income is about $180,000. Hers is about $50,000. I have assets of about $5000. I might have once read that in shared custody, the incomes are added to come up with a figure that is proportioned according to income. When we had shared custody, I was paying about $1200 a month.

    Might the court say that if I make $180,000, there is already enough money for my son's expenses so she need not contribute? Or with $50,000 income, might she get out of support because she pays to maintain a house which has a room for him if he visits?

    MyKidsDad

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