[withit]

Don't know where else to post this and a google search didn't help me either...so I figured I'll ask my good folks here...y'never know who may have the answer to my question..

What are NY guidelines for child support from the non-custodial parent? It's supposed to be a certain percentage of the parent's net income, I think. Anyone know what the percentage is?

[wanttoheal]

Hope this helps. It's from the following site:

NY Child Support Site

How is the amount of support decided?
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 or not to use the percentage guidelines and may consider other factors in setting the full child support payment.

[withit]

Can anyone here do the math? three children, non-custodial parent's w-2 says he earns $54,000 per year.
I wouldn't be surprised to find out he earns the rest in cash, but I have no way to find out, short of the judge issuing a subpoena to the employer.
So what's 29% of 54 grand?

[wanttoheal]

15,660 (1305 per month)... if my math is correct. But, it also says they take out stuff for him too, but add stuff for your children (ie heath, etc). All in all, it's hard to say what the end amount will be. Do you have a lawyer?

[Direction]

10 % is $5,400 so 30% is $16,200

I have three children...besides the around 30%, I pay medical, dental, and vision issurance, buy school supples, clothes, take them to their T, get them haircuts, pay for field trips, pay for instrument lessons, rent another once instrument...and on and on...

I'm not sure what kind of guy your ex or soon to be one is...If he is a man...he will go above and beyond just the child support...so I would be concerned about trying to dig any deeper...if he is not reporting income to IRS...it will catch up to him...Give him an opportunity to step and be a man...

I don't think I'm unique when I list this all out I think there are a lot of good fathers that are heavily involved with their kids in terms of relationships and financial needs...(yes I know there are enough that aren't...my own dad wasn't able to overcome his issues to step up to the plate to be a dad)...

[withit]

My ex and I are apart for about six years, never finalized the divorce. He is not a dad in any sense of the word. Would like to pay the least possible. Does not visit his kids other than 3 hours once a week. That's it.

I had a lawyer until now but it is becoming tooooooo costly. So at my next court appearance I will present myself pro se. Would appreciate any advice. I do feel able to tackle it at this point.

[withit]

I'm a bit confused. It's 29% PLUS medical care, therapy, tuition, camp, etc.?

[MyBestKids2]

The only suggestion I can make is perhaps consulting a legal aid attorney.

[Direction]

Not sure where I confused you...sorry...

I have a set amount I pay monthly...many individuals who pay the child support believe that is where their finanancial and sometimes relationship obligation ends...obviously I don't...

In my state there is the child support guidelines and medical care for the children if my job offers it. Sorry, about the bare minimum and lack of relationship...

I have my three at least three overnights and then countless other dates...I had it put in the decree that when ever reasonable that I would have the kids before use of daycare or a babysitter...I kept the house, so the kids would have their same rooms...

Anyway...I have access to many attorneys in the office buildings I manage...I'm sure we can get some general questions answered...also I'm a fine print reader...so I can comb through your states laws...can't remember if you gave your state...but if you want help I'm there...

I dislike it when guys give men a bad name...I take every opportunity to help them see the light so to speak...

[withit]

Thank you Direction for your offer of inquiring with the attorneys at work...I appreciate it.

I know that my kids' dad is the exception rather than the rule
.

Where I got confused: the 29% (for three kids) is for basic child support? And then in addition to the 29% the father needs to help pay for medical, camp, etc.? Or is it 29% and I can use that to help pay for my kids' medical?

[Direction]

We would need to check your state...

My state now requires child support and kid's medical. I think it added the medical part a few years ago...it was just part of what I agreed to...

So medical insurance should be on top of child support. You probably would be responsible for the first $xxx amount and then after that some kind of split...example my ex is responsible for the first $500 and then a 10/90 split...generally she picks up copays...I take care of their glasses...we haven't run into anything big...

In my state after a certain point of overnights...there is a credit given to the one paying paying child support...I decline to take the credit...just want to see my kids more and not turn it into money...I haven't really added up the days the are with me...we have are fairly agreeable to make things work best for the kids...

Just wanted to bring up the credit for overnights...just in case it is in your state and soon to be ex wants all these overnights...since he hasn't been their for them for I think you said six years...it would probably be easy to prove that it is an attempt to reduce child support...

[withit]

Oh no, he has no intentions of ever taking them overnight. But thanks for making me aware that there are so many details to consider.

[Direction]

I started with two books...can only remember one title...Divorce for dummies...I think the other one was life after divorce...

Anyway you hit the hammer on the nail...there is an extreme amount of details...somehow we need to get you a copy of a typical template the attorneys in your state use...so we know the general make up of one...have you seen a divorce decree...

I could probably PM some of the language that is included in mine...just real general...

Just be aware as you start making this official the judge may give visitation rights...this can be a problematic issue...you may be able to prove his lack of relationship and support...but you never know what a judge will do...

We never went to court as we didn't want a judge deciding things for us...after several drafts, a mediation, and a few more final drafts...we were able to get it done without a judge...Took about a year to get to that point