[rattarmago]

I live in New York City and am divorced and remarried with a 19-month old from the present marriage and an 11 year old from the former marriage. My ex-wife, who makes about twice what I and my present wife make combined, is collecting child support and wants me to contribute half of the tuition for an expensive private school that the 11-year old attends. I have tried this for one year and it's been an extreme hardship financially--according to our agreement signed 5 years ago I do have to contribute this amount if she goes to this school but I don't have to agree to her going. It is a good school but I can't afford half the tuition. I am wondering how feasible it is to change our agreement in NY so that we can reach an arrangement we can both afford. (one alternative I've thought of is to change to joint custody where I would have no obligation for child support--we live three blocks away and I see my daughter almost every day as it is, and she regards my place as her home as well as her mother's).

[GV70]

It will be great if you can reach an agreement.
Unless the parents agree otherwise, the state assumes a child will live primarily with one of his parents, as opposed to both parents sharing physical custody after the divorce.

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.”

ParentFurther - FamilyEducation.com
https://www.childsupport.ny.gov/dcse...rent_info.html

[rattarmago]

Thanks so much for that reply... so far my ex has declined my request to change the agreement or even attend at mediation session, and I absolutely cannot afford the tuition at my daughter's present school (the decision to put her in there was pretty much unilateral on her mother's part) so I'm thinking about advocating for her to go to a less expensive school next year... the language of our agreement reads "Mother and Father shall consult regarding major decisions concerning health, education and welfare of the infant issue." How could I go about exercising whatever rights I have regarding this, without getting into an expensive and acrimonious court battle... or is that even possible?

Also... I'm trying to calculate my monthly support obligation according to the formula above... the ex makes 228,000 and my wife and I make 90,000. What would my monthly obligation be? (I tried to do the math but got stuck on the "pro-rata" part. Thanks!

[GV70]

[QUOTE=rattarmago;2784032

Also...I'm trying to calculate my monthly support obligation according to the formula above...the ex makes 228,000 and my wife and I make 90,000. What would my monthly obligation be? (I tried to do the math but got stuck on the "pro-rata" part. thanks![/QUOTE]

Generally it is 17 %.
P.S. Your wife's income has no legal values.