Jack123
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Reged: 11/06/09
Posts: 16
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child support NY unique situatiom
11/06/09 05:03 PM
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Hey everyone. 1st time poster. So im going through a divorce and have sort of an odd situation. Ive been to several lawyers and seem to get different answers from them. Here is the situation:
Im a doctor currently doing my residency training, making 55k per yr. I got married 3 yrs ago and had a child 16 month ago. My wife and i have decided to split up. We are in the process of making a separation agreement. She is making as much as me. My earning potential is around 300-400k per yr, and i will start making it in about 3 yrs. In the agreement I offered her a cap on my income (without involving her income) of $140,000. She says that she does not want the cap. My question is if we go to court, will the judge cap my income at some point? At how much would it be? Can we just agree to go to court in 3 yrs when im making 300k? Would the judge even bother with coming up with that number now or would he just tell her to come back to court when i start making more?
Can she go to court in 3 yrs and request 5x the child support payment just because im making more even though there is no change in circumstance of the child?
I wanted to put a cap in the separation agreement so that we would not have to come back to court. what would be a fair number?
All your advise is appreciated
thank you
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