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?

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.

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.

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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?

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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.

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.”

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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?

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That depends on where the support order was issued, his income, etc. There are too many factors to give an answer to that question.

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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?

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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.

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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.

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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

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.