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Carpal \'Tunnel

Reged: 01/17/07
Posts: 19391
Re: Is Child Support negotiable in Mediation? [Re: LimboLarry]
      #611962 - 12/16/09 12:52 PM

[quote]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 [/quote]

-------------->>> NO.. definately NOT saying that. The $80K "cap" is merely a point at which a judge may decide to apply the 17% to the combined parental income ABOVE that "cap" OR they may choose to apply a DIFFERENT percentage (ie: 10%). Again, that cap is INCREASING 1/31/2010 to $130K, so if you have not filed/agreed to an amount by then? You're going to have a $130K cap anyway, and you're not close to that at $75K.

That said, some parties MAY stipulate to "cap" income at $80K. For example, if you make $45K and your ex makes $40K for a total of $80K, you would likely, for ease of things, just say that you're doing a 50/50 pro-rata share split and you're ignoring income above $80K (aka: "capping" the income).

In your case, using the $80K... if you "capped" at $80K and your wife DID have an income? You'd essentially be ignoring her income entirely, which wouldn't be an accurate representation of "total parental income" that is CURRENTLY being used to support the child (again, that statement is if your wife WERE making an income).

All of that said? True application of 'the cap'? Seems to be varied based on county. Where I am at in NY, a lawyer would tell you the cap is rarely applied since it wouldn't represent true income. There are others here in other areas of NY, like Google, who might tell you it's regularly applied.

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Carpal \'Tunnel

Reged: 10/07/05
Posts: 14784
Re: Is Child Support negotiable in Mediation? [Re: preemiemom]
      #611967 - 12/16/09 12:55 PM

I am hoping with the new "cap", possible deviation, that it gets used more often ;)

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