Legal Question in Family Law in New York

Child support and child custody

I have custody of my two sons ages 15 and 12. The 15 yr old wants to live with his father in NJ. How will child support work if my ex husband makes $250,000 and I make $55,000 a year? Will he still pay me child support for the 12yr old?


Asked on 5/30/01, 10:41 am

3 Answers from Attorneys

Jeremy Morley Morley & Trager

Re: Child support and child custody

The child support that the two of you together should pay will be divided in proportion to your respective incomes. You should receive a sum equal to the amount that he owes you for one child less the amount that you owe him for the other child. Jeremy Morley

Read more
Answered on 6/26/01, 8:31 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Child support and child custody

You should go back to court to fix a new amount of child support. If the 15 year old moves in with his father, and the 12 year old stays with you, you will owe child support for the 15 year old, and your ex will owe child support for the 12 year old. Because of the difference in your salaries, he will owe you more than you will owe him. You may be able to work something out stating that instead of you paying him and him paying you, that he will deduct the amount you owe him from the amount he owes you.

If this is not clear, please feel free to call or email me.

Read more
Answered on 6/27/01, 8:44 am

Re: Child support and child custody

You should pay child support for one child

on your 55000 (17%)

He should pay child support for one child

on his 250000 (This may be limited to the

first 80,000 under the CSSA, but most

courts still apply the percentage for amounts

over the initial 80000)

The two are netted, with you receiving the

difference

There is an interstate compact between the

two states Any petitions filed in either

state will be handled in each of the respective

courts without the need for either party

to travel to each state

a good lawyer should be able to avoid court

and have an agreement entered outside of

court encompassing the provisions of the law

Read more
Answered on 7/09/01, 2:43 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York