If you have sole custody you will not be granted the amount the children deserve it would be based on the cost of living between both households. It also would be based on the income of both parties and expenses.

Ok - I have sole custody of my son for the past 9 years. This is what I can say about having sole custody.

1. Just because I have sole custody, does NOT mean I am entitled to more child support. It is based off a % that the BF makes
2. I still need permission to move out of state or X amount of miles away.
3. The judge determines how much child support is to be paid
4. $6800 is A LOT to be getting a month in child support. $5200 is a lot too! I'm not even getting $300 a month. Yes the father should be paying what he deserves too, but being greedy is also not a good thing.

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.

For incomes over $80,000, the court determines whether to use the percentage guidelines and may consider other factors in setting the full child support payment.


For more information you can visit Capri Sun - FamilyEducation.com

Quote:

---

Originally Posted by nitewriter

I have physical custody and have a child support proceeding coming up. If I went for sole custody would I be awarded the amount the children deserves or does it not matter because I have physical custody of the chidlren.

Also if I had sole custody would I be able to move away to another state while honoring my children's father's visitation? I live in Brooklyn, NY. Thank you.

---

What matters is physical custody. If the father had physical custody for the kids over a significant period (like 50% of the year), that could affect support. But just have visitation won't affect it.

If he has court ordered visitation. Then you cannot move out of state without permission. You can do nothing that would make visitation harder without permission.

Quote:

---

Originally Posted by nitewriter

do you think his attorney would have the power to lower the child support I am recieving or is it solely up to the judge?

---

An attorney has the power to present their case in the best possible light for their client. But a judge makes the decision based on the law.

You made a reference to what the children "deserve". Children deserve good food, clothing and shelter. They don't necessarily deserve luxury. What you are getting in support can be enough to care for a whole family, let along 2 children. I'm not saying they aren't entitled to it. But if I were you, I would keep a strict accounting of your expenses.