[Dragonflysmile]

My boyfriend currently pays the NY state maximum for child support. His ex moved 7 months ago and is now filing a petition for modification because she claims she can no longer afford to pay for the need of the children due to increased living expenses. His pay has not increased so can the court take more than the maximum just because she can't pay her bills? Also, can he use the fact that she is saying in the petition that she cannot meet the needs of the children as a substantial enough change in circumstance to file for full custody of the children?

[joypulv]

The maximum in NY is 50, 55, 60, or 65%, depending on arrears owed and how many children are on other support notices. He should defend himself with a lawyer. 'Living expenses' could be frivolous, or serious, such as medical needs. Using her need for more money as a basis for getting full custody sounds extremely weak, but again, only he and a lawyer discussing all the many details will answer that.

[ScottGem]

I would think it is unlikely that she will win a modification. Its kind of like the definition of chutzpah where someone kills his parents then throws himself on the mercy of the court because he's an orphan.

She made the decision to move and increase her expenses. That shouldn't entitle her to more support.

[JudyKayTee]

I see no indication that he owes arrearages. NY is by percentage. The formula is here. If he's already paying the percentage the best she can do is request more for child care or medical expenses or one of the other specified expenses. "The court uses a standard guideline to calculate what the noncustodial parent will pay, based on the noncustodial parent's adjusted gross income and on the number of children involved. The court first determines the noncustodial parent's gross income, and then makes certain deductions (including Medicare, Social Security, and New York City or Yonkers tax) to establish the noncustodial 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 noncustodial 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 $130,000, the court determines whether or not to use the percentage guidelines and may consider other factors in setting the full child support payment. " https://www.childsupport.ny.gov/dcse...fo.html#amount

No, I don't see the father getting custody because the mother cannot "afford" the children (not in NY). Asking for additional support and stating "I need more money" is not unusual.

[joypulv]

I should have said disposable income (gross minus Federal income tax, FICA, Medicare, state income tax, City/local income tax, Involuntary retirement or pension plan payments). I was quoting from the same site, the employer's worksheet part, which gets into arrears.

[Dragonflysmile]

Thank you. For clarification, he does not owe any back support (arrears), has the children on his health insurance and as far as child care goes, they are in school full day and she does not work, just collects disability because of depression and whatever else social services will give her to pay the rest of her bills.

[JudyKayTee]

If her disability (depression) adversely affects the children, yes, I can see attempting to get physical custody, having the children live with him. You, of course, as the girlfriend have no say in any of this - other than to support and advise him.

"I can't support the children based on what NY has awarded by Statute" is NOT going to get her any more money.

I'm in NY, too.

(I like your user name!)