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Bxg-man · Sep 5, 2009, 08:19 AM

Hi Everyone,

My ex & I separated in April 2001. She & I had one child (daughter) plus I had custody of my son from previous marriage. When we separated my son moved out with me and my daughter stayed with her mother thus both of us become single parents. She & I earned more than $80,000 together at that time. She earned about $40k & me, $52k.

I had heard that support for 2 children in NYS was to be expected at 25% so I divided that in half (12.5%) and gave her support of $250 every two weeks. She wanted 17% which was NYS support for 1 child. I was now a single parent & could not afford that much so she took me to court in June 2001. The judge seemed to agree that $250 seemed reasonable given that our combined income was over the $80k threshold that stipulated adherence to the child support income % schedule. As I understood the set % was for income below $80k and above that it was in the judge's discretion After a short discussion with the judge we ended up agreeing to 14%. I had never been late and paid my $250 faithfully from day 1 plus my daughter's medical insurance which I though carried a little wait with the judge plus having to raise my son on my own withoug support from his mother. The $250 increased to $280 and it continued as such until my ex asked me for an increase 3 years later (2004).

I was doing better economically and I offered an increase of $100, my payments where now $380 every two weeks. We didn't go to court and I felt that it was for my daughter so it seemed fair. In 2007 my ex asked for a second increase but my economic situation had not improved so I only could afford $20 increase every two weeks. Now I have been sending her $400 every two weeks from 2007.

In the past I've been used to taking my daughter shopping for cloths and other things she need but with my older son in college and having greater expenses plus economic times being difficult on other fronts I haven't been able to give the daughter the extras.

I fear that my ex will try to take me to court of more increases. What are my rights? What kind of increases is my ex entitled to given the only court order I have is for $280? I’m not looking to decrease my daughter’s child support I just can’t afford any more.

Thank you for you time
Bxg-man

cdad · Sep 5, 2009, 12:39 PM

How old is your son and is he still living under yor roof and going to college ?
That may make a difference.

Bxg-man · Sep 5, 2009, 06:17 PM

My son is 19 turns 20 in Oct and is away on campus in Boston but his official residence is my home in NYC. I the parent paying his tuition and providing for his needs.

My daughter is 14.

cdad · Sep 5, 2009, 06:33 PM

Originally Posted by Bxg-man

My son is 19 turns 20 in Oct and is away on campus in Boston but his official residence is my home in NYC. I the parent paying his tuition and providing for his needs.

My daughter is 14.

In NYS the child support orders run until a child is 21. So in effect you both still have custody of 1 child each. I don't really see an increase from what she is already being given considering the economy is flat right now. Here is one place you can check it online.

New York Child Support Calculator - AllLaw.com