sjb
journeyman
Reged: 08/12/05
Posts: 50
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I live in NY and have joint physical and legal custody of my son with a 50/50 visitation schedule. I currently pay my ex $850/mth in child support bc I made double her income when we split. It has been 2 years and she now makes slightly more than I do. Her income has increased by $50,000 due to commissions that were not factored in originally bc she had just started a new job.
Given the custody and visitation schedule and our similar incomes is it possible for me to go back to court and eliminate paying her $850. Seems crazy that we both have the child an equal amount, make about the same and I have to pay her. Obviously, she is living the high life and I struggle to put gas in my car.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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You can request a modification.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Given the custody and visitation schedule and our similar incomes is it possible for me to go back to court and eliminate paying her $850.
>>>>>>> You can try , the chance of success will depend on where you live in the state .
The general rule is the person who make more pays the other when visitation is split . I pay half the CS that would be awarded using the formula despite the fact I had slightly more than 50% of custodial time .
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Careful. We don't want to learn from this.
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ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7784
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Depends on many numbers. Is there a parent paying health insurance or daycare expenses? Sometimes those numbers tilt the scale. Even making the same salary and having 50/50 the numbers would be about $240 a month in my case. (We currently have 50/50 visitation, but custody is based on standard visitation).
Many states allow a review after three years. Some states allow a review if a significant change in circumstances occur. I would say that a $50k annual salary increase would be significant for a review. There are many NY posters here, I would definitely wait to hear on their experience.
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sjb
journeyman
Reged: 08/12/05
Posts: 50
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googledad,
This is where it gets confusing. When we split I made more than her so I paid her. She now makes more than me. Should she pay me now? Honestly, I don't need her too but I don't think it is fair that I have to pay her still. I would like to take some of that cash and put it into a college saving fund.
ssmom,
I cover health insurance and 65% of daycare. I also cover 100% of uninsured medical expenses
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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What is the income disparity?
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13.1...because I am only half crazy!
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sjb
journeyman
Reged: 08/12/05
Posts: 50
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[quote]What is the income disparity? [/quote]
she says she makes 10K more than me and 50K more than when the support order was finalized.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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What does your decree say about custody? Is there a custodial parent named?
From reading online, I believe CS is not changed by the CP's income in NY. However, CP is status in a true 50/50 shared custody situation, where no CP is named in the decree, is the parent that has the highest income.
I'm not an attorney nor an expert in NY law. The case law I was reading was over 10 years old, so it may be different now. You would have to check with an attorney.
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sjb
journeyman
Reged: 08/12/05
Posts: 50
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[quote]What does your decree say about custody? Is there a custodial parent named?
From reading online, I believe CS is not changed by the CP's income in NY. However, CP is status in a true 50/50 shared custody situation, where no CP is named in the decree, is the parent that has the highest income.
I'm not an attorney nor an expert in NY law. The case law I was reading was over 10 years old, so it may be different now. You would have to check with an attorney. [/quote]
The order does not name a custodial parent. It says we have joint physical and legal custody and 50/50 visitation
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MrsB
Carpal \'Tunnel
Reged: 07/03/10
Posts: 6355
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Then that is what you have. She just has primary residence for school purposes. Your CO would clearly state if there was a CP and NCP, I believe. Let her think what she wants:). I'd say it doesn't matter except to try to annoy you.
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