New York Divorce Attorney Discusses Modifying Child Support Payments
Question:
Child Support was filed by Mother when child was born. Spouses were never married and never lived together. Father now makes 80k, Mother makes 30k. Father pays $600 a month in support. Support only addresses pro rated day care and uninsured medical care. Is it worth going back to court for adjustments to the child support payments?
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Answer:
As an experienced New York Divorce Attorney, I know that in a 50/50 custody case, the court has to assess child support to be paid by the parent who earns more money. The court can order full support or less than full support. When the parties earn somewhat comparable incomes, it is more likely that that court will order less in child support.
The court will apportion the obligations for health insurance, unreimbursed medical and dental expenses and daycare. The apportionment will be based on the amount of income earned by each parent. Here, the father earns about 72% of the total income and the mother 28%; they would thus pay that percentage share for the apportioned expenses. Extracurricular activities are not assessed in addition to child support.
Do you have questions about modifying child support payments? If so, contact the experienced New York Divorce Attorney Jean Mahserjian.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced New York Divorce Attorney. This does not consent an attorney client relationship.