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dtoms · Jan 13, 2008, 12:09 PM

I live in New York and am getting child support for two children from my previous marriage.
The order of support is for $74/week and was issued on 2/5/99. I have never had an increase in this amount. When the original order was made my ex-husband has a child from a previous marriage that he was paying $80/ per week for, but that child turned 21 in 2005 and he no longer pays support for her. In addition when we were divorced our incomes were about the same at this time I make a lot more money than him. I make approximately $70,000 and he makes about $28000.

ScottGem · Jan 13, 2008, 12:12 PM

Consult a family attorney. They can tell you the law and explain the formula, then advise whether to file for an adjustment or not.

macksmom · Jan 13, 2008, 12:32 PM

In Ohio, you can have child support be re-evaluated every 3 years.

I agree with Scott, you should talk to an attorney first, because if you already know you make more money than he does, and more money that when the child support was originally set... there is a good chance your child support could get lowered.

So you have to decide what you want to do... it the little bit of money that the courts MAY order to increase child support worth taking it to court and possibly ending up with getting less than what you do now?

JudyKayTee · Jan 13, 2008, 01:33 PM

Originally Posted by dtoms

I live in New York and am getting child support for two children from my previous marriage.
The order of support is for $74/week and was issued on 2/5/99. I have never had an increase in this amount. When the original order was made my ex-husband has a child from a previous marriage that he was paying $80/ per week for, but that child turned 21 in 2005 and he no longer pays support for her. In addition when we were divorced our incomes were about the same at this time I make a lot more money than him. I make approximately $70,000 and he makes about $28000.

In NY it's by Statute: (don't know how to post a site):

"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.

For incomes over $80,000, the court determines whether or not to use the percentage guidelines and may consider other factors in setting the full child support payment."

Fr_Chuck · Jan 13, 2008, 01:45 PM

If he is making 28,000 a year you may get a little more but not a lot, it is possible that you would spend more taking him to court than you could get for the next few years,

But you do have the right to take him back to have it reviewed.

JudyKayTee · Jan 14, 2008, 10:49 AM

Two children, $28,000 a year, 25% = $7,000/year, $583 a month, $135 a week - unless there are other factors at play here.

cdad · Jan 15, 2008, 01:41 PM

I think that you should consider other factors too. If things are going smoothly and there really isn't a considerable difference between what you " will " get and what your getting now it might be better not to. Its just a thought. So many times I have seen parents go to war over the smallest things and the children are the ones who truly get hurt. If you feel you need the monies then if things are decent between you 2 then you can talk it out together and avoid court at all.
Just a thought from the side that does pay.