Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
|
Re: child support NY unique situatiom
11/07/09 03:11 PM
|
|
|
I am from NY, and my husband has dealt with the deviation of CS based on combined income of over $80k.
First of all you don't need anything in your decree other than the current amount of CS. Nothing about caps, or modifications, etc. Either of you can choose a modification based on a change of circumstance (and yes, increased income CAN be used), and based on the increased needs of the child.
Now once my H made over $80k, both parties agreed to cap his income at $80k. His X's lawyer told him that was considered the norm. We are not in NYC, but Western NY, so sometimes the deviations are different.
Her income was put on paper, but his income was capped at $80k. So his income LESS the FICA taxes, 17% of that became his CS.
Okay if income continues to rise, sometimes they will cap at $150k. Also some courts deviate and use the 17% up to $80k, then use the rest at a different percentage. An example of this would be, let's say you make $250k--- 17% is configured for the first $80k and then another percentage (let's use 10%) for the last $170k. Now the courts can decide to cap at $150k in total and use 17% for the first 80k and then 10% for the last $70k. It really just depends, and HOPEFULLY your X and you can come to an agreement THEN when she goes for a modification. No point on putting it on paper now, because it is always modifiable...
You do however WANT to have the clause in there that you can claim your child every other year. You want this in your decree NOW because CS courts CANNOT order this. So if you ask for it later, upon a CS modification they won't allow it unless you take it to the higher courts (which would cost major $$$). Get that in your order NOW, along with joint custody.
Where in NY are you??
|
|
0 registered and 0 anonymous users are browsing this forum.
Moderator: dsAdmin
|
Forum Permissions
You cannot start new topics
You cannot reply to topics
HTML is disabled
UBBCode is disabled
|
Rating:
Thread views: 7415
|
|
|
|
|
|
UBB.threads™ 6.5.1.1
|
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|
|
|
|
|
The information contained on this page is not to be considered legal advice.
A local counsel or professional should always be consulted in regards to any legal matters.
"a passion for a better divorce℠" - established in 1996
© 1996 - 2013 Divorce Source, Inc. All Rights Reserved.
Previous
Index
Next
Flat
Edit
Reply
Quote
