Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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My brother's X is taking him back to court for more CS based on, "the increased COL, she makes less and he makes more". Little background- the first order is based on him making $60k and her $30k. She has a MASTERS degree, but has chosen not to work (although she always worked during the marriage). She does get some state aid. I believe she was imputed at $30k.
The first court order was him making $60k, the following year he made $55k and this year he made $75k. He works overtime (normally), but received a bigger bonus this year. Is the judge LIKELY to go off the most RECENT W2 or will he average the last TWO W2s since the most recent is because of a bigger bonus (which is based on profit of the company)?
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MrsB
Carpal \'Tunnel
Reged: 07/03/10
Posts: 6355
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It will probably depend - here I've seen it done both ways. Since it's such a dramatic difference over the last 3 years - I would request the judge do an average - or he'll be back in next year if he doesn't get that large bonus :).
I don't know much about NY CS laws though!
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LexieBelle
Carpal \'Tunnel
Reged: 11/07/10
Posts: 3680
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Most recent I would presume, unless he makes an argument that it's not "consistent" and it's based on overtime/bonuses and tries to push for an average. But it's typically LAST W-2.
And MrsB? You don't know ANYTHING about NY CS.
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SockPuppet1
journeyman
Reged: 12/30/11
Posts: 83
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WHY R U POSTNG 2 SMTHNG U NO KNTHNG ABOUT?
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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I would have said last W2 as well, as that how I have always seen it- but we never had to deal with bonuses and overtime. Neither has a lawyer so I think he was going to push an "average" since the bonuses/overtime vary and cannot be consistent. I guess it's worth the try.
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LexieBelle
Carpal \'Tunnel
Reged: 11/07/10
Posts: 3680
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What I have been told, when we went through it with ex and first wife, the court will (at least where I was) take the latest ONLY and you plan accordingly. Up year, you bank for the possibility of the swing down. They're big on "current reality" so to speak and believe that yes, there may be ups and downs but if you take current, it'll all wind up even in end (meaning based on current amount).
That comes from the head attorney for the matrimonial council for LI. Or he was at the time I should say, don't know if he still is. And again, that's OUR courts.
I was shocked the other day that you can see anything in your county or wherever it was. NYS Unified Court system, at least for WebFam and WebSupreme, you don't see anything personal. In WebFam you can't even get to anything beyond the docket. Just can't.
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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Yes- that's kind of how it's always worked for us too. As for what I can see- I was amazed to look and find what I did. Kind of glad I don't live in that county anymore!!
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LexieBelle
Carpal \'Tunnel
Reged: 11/07/10
Posts: 3680
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I was shocked when you wrote that, lol. That's crazy :( It amazes me how different things are WITHIN the one state.. and it's not THAT big, lol. Weird...
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nope
member
Reged: 12/31/11
Posts: 148
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Yes MrsB does Know about the 50 states and laws. If you search her history, you will see that she offers her advice to people in other states that she has never lived. In her defense, she does ABBREVIATE the staes correctly, so she know som'thag' about the CS laws in all states.
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LexieBelle
Carpal \'Tunnel
Reged: 11/07/10
Posts: 3680
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Yes, I'm well aware, no need for searching :) I found it ironic at many points, her pro-NCP position..advocate of "the high road" when she hasn't taken it herself. It's amusing to watch.
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