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LimboLarry
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Is Child Support negotiable in Mediation?
      #611859 - 12/16/09 08:38 AM

Is 17 percent a mandatory law that can not be changed? Somebody told me that in mediation, you can agree to a lower amount, is that true?

This is for NY

thanks


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LimboLarry
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Re: Is Child Support negotiable in Mediation? [Re: LimboLarry]
      #611863 - 12/16/09 08:43 AM

Also, does child support get split between both parents if the other parent's income catches up?

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googledad
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Re: Is Child Support negotiable in Mediation? [Re: LimboLarry]
      #611864 - 12/16/09 08:47 AM

Is 17 percent a mandatory law that can not be changed? Somebody told me that in mediation, you can agree to a lower amount, is that true?

>>>>>>>>>> Yes .

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googledad
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Re: Is Child Support negotiable in Mediation? [Re: LimboLarry]
      #611866 - 12/16/09 08:49 AM

Also, does child support get split between both parents if the other parent's income catches up?

>>>>>>>>>> Not sure what you mean .

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LimboLarry
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Re: Is Child Support negotiable in Mediation? [Re: googledad]
      #611871 - 12/16/09 09:13 AM

Like if I am paying 1000 dollars a month for child support, when I am the only one working. what happens when her income matches mine, in say 5 years. are we each on the hook for half of that or do I have to continue paying the whole amount?

thanks

When you say yes, which question are you answering?


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googledad
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Re: Is Child Support negotiable in Mediation? [Re: LimboLarry]
      #611872 - 12/16/09 09:14 AM

Like if I am paying 1000 dollars a month for child support, when I am the only one working. what happens when her income matches mine, in say 5 years. are we each on the hook for half of that or do I have to continue paying the whole amount?

>>>>>>>>>> The whole amount .

When you say yes, which question are you answering?

>>>>>>>>>> CS is negotiable .

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Cassie23
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Re: Is Child Support negotiable in Mediation? [Re: LimboLarry]
      #611895 - 12/16/09 10:10 AM

Have you started the mediation process yet?

You two can agree to a lower amount, you do not have to go by the set standard of 17%. That is 17% after the appropriate taxes are taken from your income. Your incomes (both yours and hers) would be on the court order with something in there about how you agree to deviate CS. There should also be some type of wording that expresses that the CSSA was seen by both of you.

Will daycare costs be involved as well? Daycare and non-covered medical are add ons in NY and are configured based on ratio to incomes.

You two can agree to 50/50 or any percentage that you want, however normally it would based on incomes. My husband and his X agreed to 50/50 at the time, but a few years later she had it changed to in ratio to their incomes.

Now has your X ever had a job? If she has then her income can be imputed, which would be helpful in determining her SHARE of these types of add ons.

CS is modifiable, but you would have to prove a change of circumstances. Increase in income/increased needs of the child can do that, it just depends on what the courts feel like doing at the time.

I would think in 5 years if your X was making just as much as you are then that would be enough to re-visit CS, but typically in NYS (although both incomes are taken into consideration when configuring CS) it really comes down to 17% of the NCP's income. It's just how the calculation goes, you may get a small break if your X is making more than you, but that's about it. I found this out when I was messing with numbers a few years back. My husband has always made a lot more than BM, but even when using income numbers higher than what she was making, my husband's share of 17% was based on his income.

It would be in your best interest if in a few years you two could continue to really just decide on your own terms what you think your child needs are and continue to base CS on that. If at all possible.

For example if you are not paying 17% of your income now, figure out what percentage you are paying (based on the number you two agree to) and continue to use that % as your child grows up.

Lastly how much do you make per year right now?


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preemiemom
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Re: Is Child Support negotiable in Mediation? [Re: googledad]
      #611930 - 12/16/09 11:28 AM

[quote]Like if I am paying 1000 dollars a month for child support, when I am the only one working. what happens when her income matches mine, in say 5 years. are we each on the hook for half of that or do I have to continue paying the whole amount?

>>>>>>>>>> The whole amount .

---------------------->>>Explain WHY though. Larry... when HER income increases, the TOTAL parental income increases. So while it may seem that your amount will go DOWN, it technically does NOT, because now there is a bigger pool of overall dollars to which to apply the 17%. Now, if her income when UP and yours went DOWN? Then it would be different. The pro-rata share percentages of total parental income would be adjusted, with yours going down, and hers going up. But, again, it is a pro-rata share of the TOTAL income. Yours PLUS hers. If one income goes up and the other stays the same, your pro-rata share be be lower; however, you're now paying against a larger base amount.

When you say yes, which question are you answering?

>>>>>>>>>> CS is negotiable . [/quote]

-------------------->> Again, give some detail/information. It's referred to as a 'deviation'. You MAY deviate; however, if you are doing a Stipulated Agreement then you MUST correctly document what ACTUAL child support would be based on the CSSA guidelines. You may THEN indicate a different amount, explaining that you are deviating from the guidelines and WHY you are deviating.

A note to you though.. the "current" CSSA? IS CHANGING. I can't even give it to you because I don't have it. As of 1/31/2010, the current "accepted" CSSA standard language will be DIFFERENT because the standard is CHANGING on that date. There is currently a $80K "cap" on income that MAY be applied.. it will be increasing to $130K on 1/31/2010.


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LimboLarry
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Re: Is Child Support negotiable in Mediation? [Re: preemiemom]
      #611952 - 12/16/09 12:18 PM

thanks for all the info. so, when you say there is an 80K cap on income, does that mean that I will never have to pay child support past the 80K limit. My child support amount is currently negotiated based on about 75K. Are you saying that I will never have to pay more than any amount based on 80K?

thanks again


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Cassie23
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Re: Is Child Support negotiable in Mediation? [Re: LimboLarry]
      #611961 - 12/16/09 12:50 PM

The $80k is now changing to $130k on 1/31/10, and that is a deviation that can be taken into account if the courts/judge decide to deviate due to one of the given circumstances (when it comes to deviations), on COMBINED parental income of over $130k. The $80k cap will no longer apply starting then.

So let's say you make $150k, the cap may be applied, and you would pay 17% based on the $130k after the $130k (the $20k left) the courts may decide to use the 17%, a lower percentage or 0%.


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