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    Worries2Much's Avatar
    Worries2Much Posts: 19, Reputation: 1
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    #1

    Aug 25, 2008, 10:49 AM
    Have to pay back child support?
    I have read many entries in this forum and could not find my answer so need to ask now.

    If a prior order for child support has not been arranged, but there will be one in the future for a child who is 2, will the father end up having to pay support for from the time the child was born until now?

    FYI, this is the mother's first attempt at collecting support. The father and mother had a mutual agreement prior to current, but obviously there is no real way to prove this.

    Also, I have read about the 17% of adjusted income for one child standard for child support, but does anyone know if the cost of health care that is paying paid by the father would be subtracted from 17% or split between the two parents? I have no experience in this area.

    Thanks!
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Aug 25, 2008, 11:49 AM
    Quote Originally Posted by Worries2Much
    If a prior order for child support has not been arranged, but there will be one in the future for a child who is 2, will the father end up having to pay support for from the time the child was born until now?
    ...
    Probably not. He owes support but is not yet legally obligated to pay. The mother needs to look ahead and get approval of a procedure for assistance with unpaid medical bills and dental bills (deductibles and co-pays) and various activity fees the child will incur as she matures. Kids just get more and more expensive.
    Worries2Much's Avatar
    Worries2Much Posts: 19, Reputation: 1
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    #3

    Aug 25, 2008, 11:57 AM
    What I meant is, does the amount of premium the father is paying for health insurance come into play at all when figuring the amount of child support that he needs to pay?

    I am having trouble finding the way that courts figure this stuff out. I know that each situation is different, but is it basically the combined amount of both parent's income and then a judge figures that $X amount is the percentage that would have been used in raising the child? Because the cost should be split 50/50 right? So what I'm trying to figure out is if child support is 17% for one child, are the weekly insurance deductions also taken into consideration?

    Thanks
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #4

    Aug 25, 2008, 12:00 PM
    It depends on your state. Each state has a different way of figuring support so if you could let us know what state you are in you will get more answers.
    Worries2Much's Avatar
    Worries2Much Posts: 19, Reputation: 1
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    #5

    Aug 25, 2008, 12:05 PM
    New York
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 25, 2008, 01:43 PM
    Quote Originally Posted by Worries2Much
    New York

    In NY child support is a dollar amount. Anything else the parent might be ordered to pay, such as health insurance, is covered separately, as an order to obtain and maintain coverage.

    Court can split the cost, order one parent to pay, it depends on which parent can get the health insurance as part of an employment package - if a parent can.

    I have never seen support ordered for a period before the petition was filed.

    I'm also in NYS.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #7

    Aug 25, 2008, 02:03 PM
    Good answer. For some reason the "Rate this Answer" always says, "You must spread some Reputation around before giving it to JudyKayTee again."

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