Ask Experts Questions for FREE Help !
Ask
    liz28's Avatar
    liz28 Posts: 4,662, Reputation: 1034
    Ultra Member
     
    #1

    May 5, 2008, 04:35 PM
    Father pays child support, but mother wants more?
    My cousin lives in NY and mother of his child lives in NJ.

    He pays $550 a month in child support but she wants more. He makes around 550-650 a week after taxes, but is afraid he will lose everything if chil support amount is raise. It might sound like a lie but he barly surviving because NY is very expense.

    Meanwhile she don't work and he remarried. She always said this when she gets mad, but he thinks sooner or later she will take him to court Also, when ever she gets mad she turns their son cellphone off, that's he pays for monthly, so he can't talk to him. Their son is 14.

    What should he do, you think the courts will raise child support payment?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #2

    May 5, 2008, 04:44 PM
    They will not raise it simply because she wants more money. They can raise it if she goes and files for it to be amended and can prove that it should be adjusted for reasons like he is making more, cost of living, etc... That still does not mean she will get more.
    nikosmom's Avatar
    nikosmom Posts: 1,611, Reputation: 488
    Ultra Member
     
    #3

    May 5, 2008, 05:06 PM
    I agree with NoHelp, that the courts won't necessarily grant her the increase just because she requests it. Raising a child is expensive and that's something that every person has to consider when making babies. Your cousin may just have to make sacrifices in other areas if the child support is increased.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #4

    May 6, 2008, 06:44 AM
    Quote Originally Posted by liz28
    My cousin lives in NY and mother of his child lives in NJ.

    He pays $550 a month in child support but she wants more. He makes around 550-650 a week after taxes, but is afraid he will lose everything if chil support amount is raise. It might sound like a lie but he barly surviving because NY is very expense.

    Meanwhile she dont work and he remarried. She always said this when she gets mad, but he thinks sooner or later she will take him to court Also, when ever she gets mad she turns their son cellphone off, thats he pays for monthly, so he can't talk to him. Their son is 14.

    What should he do, you think the courts will raise child support payment?
    Mother wants more... and I want to be the next president of the USA /after McCain , I hope;) / but I will not be a president :mad:... because I was not born in the USA.
    Child support is financial support provided by the non-custodial parent. Child support includes

    Cash payments (based on the parent's income and the needs of the child)
    Health insurance for the child (medical support)
    Payments for child care, and
    Payments for reasonable health care costs that are not covered by health insurance.
    Family Court officials (Support Magistrates) determine the amount of child support the non-custodial parent will pay . Under New York State law, parents are responsible for supporting their child until the child is 21 years old.
    The court uses a standard guideline to calculate what the non-custodial parent will pay, based on the non-custodial parent's adjusted gross income and on the number of children involved. The court first determines the non-custodial parent's gross income, and then makes certain deductions (including Medicare, Social Security, and New York City or Yonkers tax) to establish the non-custodial parent's adjusted gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:

    17% for one child
    25% for two children
    29% for three children
    31% for four children
    At least 35% for five or more children.

    Then the non-custodial parent's share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #5

    May 6, 2008, 06:49 AM
    The State of New York's child support guidelines state:

    * “The gross income of each parent is determined and the incomes are combined;

    * the combined parental income is multiplied by the appropriate child support percentage—17 percent for one child, 25 percent for two children, 29 percent for three children, 31 percent for four children, and not less than 35 percent for five or more children;

    * this figure is the basic child support obligation, which is then divided between the parents on a pro-rata basis, according to the amount of their respective incomes;

    * additional amounts to be paid for childcare, medical care not covered by health insurance, and educational expenses are determined by the court and added to the basic child support obligation; and,

    * the noncustodial parent is ordered to pay his/her share to the custodial parent—sometimes called the 'parent of primary residence.'”

    The amount of child support calculated in accordance with the (New York) guidelines is presumed to be the correct amount. “Either parent can offer evidence that this amount is not correct, and the court has the authority to decide whether the guidelines amount is unjust or inappropriate,” the guidelines state. “If the court orders a different amount than the basic support obligation according to the guidelines, the court must set forth its reasons for doing so in writing. Either party can object to the findings of the court.”
    nycattorney's Avatar
    nycattorney Posts: 2, Reputation: 1
    New Member
     
    #6

    May 9, 2008, 01:06 PM
    Quote Originally Posted by liz28
    My cousin lives in NY and mother of his child lives in NJ.

    He pays $550 a month in child support but she wants more. He makes around 550-650 a week after taxes, but is afraid he will lose everything if chil support amount is raise. It might sound like a lie but he barly surviving because NY is very expense.

    Meanwhile she dont work and he remarried. She always said this when she gets mad, but he thinks sooner or later she will take him to court Also, when ever she gets mad she turns their son cellphone off, thats he pays for monthly, so he can't talk to him. Their son is 14.

    What should he do, you think the courts will raise child support payment?
    That depends on where the support order was issued, his income, etc. There are too many factors to give an answer to that question.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #7

    May 9, 2008, 01:07 PM
    Quote Originally Posted by liz28
    My cousin lives in NY and mother of his child lives in NJ.

    He pays $550 a month in child support but she wants more. He makes around 550-650 a week after taxes, but is afraid he will lose everything if chil support amount is raise. It might sound like a lie but he barly surviving because NY is very expense.

    Meanwhile she dont work and he remarried. She always said this when she gets mad, but he thinks sooner or later she will take him to court Also, when ever she gets mad she turns their son cellphone off, thats he pays for monthly, so he can't talk to him. Their son is 14.

    What should he do, you think the courts will raise child support payment?

    It's by Statute in NY, a formula - lots more than this enters into it.

    The cellphone has nothing to do with support but if she is interfering with his relationship with his son your cousin should do something about it.
    asking's Avatar
    asking Posts: 2,673, Reputation: 660
    Ultra Member
     
    #8

    May 9, 2008, 01:40 PM
    Quote Originally Posted by JudyKayTee
    The cellphone has nothing to do with support but if she is interfering with his relationship with his son your cousin should do something about it.
    I agree. He should insist on access to his son.

    BUT a 14 year old is perfectly capable of turning a cell phone back on if he wants to talk to his dad. Is it possible the son is turning it off?

    I got an extra line so my ex could talk to his children without haranging me, but my children wouldn't answer the phone when their dad called, even when I pointed out that their phone was ringing. My ex didn't like it either, as he really wanted to get me when he called for them. I finally got rid of the extra line, which I was paying for...
    Asking
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #9

    May 9, 2008, 01:53 PM
    As noted, it is not what he wants or what she wants, child support is based on specific earnings and a forumla that the state sets up by law.
    So the court will provide info on this and the rate will be set, up or down or the same.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Child support from unwilling father, uninvolved father [ 26 Answers ]

I am currently pregnant with my first child. The father is not involved. What rights does the baby have to collect child support from him? Is it ethical to force financial child support, when he does not want to be involved? Yet, he has said that he will provide support. He says that and then...

Bio father rights/abandonment of child/child support? [ 6 Answers ]

I am 6 weeks pregnant and the father is my ex boyfriend. I reached out to him 3 different times to see how he felt about this and what his interest would be in terms of involvement with his child. He has been quite verbally hostile and told me to die and other choice things. What time frame...

Can I file for abandonment if he still pays child support? [ 15 Answers ]

Can I legally file for abandonment if my daughter's biological father hasn't seen her in a year but still pays child support? He hasn't made any efforts to see her or call, etc... but he still pays child support. Can I still file for abandonment?

Can I sue my mother for back child support ? [ 10 Answers ]

My mom got custody of me at the age of 4 when my parents divorced and she kept me to the age of 6. I was neglacted while living with my mother. Then I moved in with my Aunt at 7 but my Aunt didn't get custody of me till I 13.I would like to use her because growing up she refused to pay even after...


View more questions Search