wombat53
recently joined
Reged: 12/17/10
Posts: 5
Loc: VIC, AUSTRALIA
|
NYS DRL 240 (1-b)(c)Calc of CS over $80K Cap
12/18/10 11:52 PM Attachment (51 downloads)
|
|
|
My question relates to what exactly can be changed, and how, in NYS Supreme Court (Matrimonial Part) by Custodial Parent when petitioning for an increase to the Statutory Child Support Percentages for Combined Parental Income exceeding $80,000, and exactly how this is implemented. By the way, I’ve never actually personally seen direct reference to this $80K in the Act!!!! But my lawyer included it in our Stipulation of Settlement.
For amounts under this figure: DRL 240 1-b (c)(2):"The court shall multiply the combined parental income up to $80,000 by the appropriate child support percentage and such amount shall be prorated in the same proportion as each parent’s income is to the combined parental income." The percentage is 17% (one child) who is nearly 15.
Assume my CSSA-defined income is $100K, ex-wife is $50K (total $150k). So my Basic CS Obligation is .17 by 100/150 (i.e. .66) by $80k, about $9K/year. These are real figures.
So, there are 3 concepts here, the percentage for the child (17%), the concept of paying a pro-rata share of combined parental income, and a Statutory cap.
I believe the 17% is fixed, immutable (I might be wrong??), I am unsure about the immutability of the pro-rata share of combined income concept, and I do know that the Statutory cap can and will be raised by the Court, subject to providing its reasons for doing so.
In DRL 240 1-b (c)(3), "Where the combined parental income exceeds [$80,000], the court shall determine the amount of child support for the amount of the combined parental income in excess of [$80,000] through consideration of the factors set forth in paragraph (f) of this subdivision and/or the child support percentage." Court Precedent is that typically the $80K thresh-hold is almost always changed, say, up to $300,000. Para (f) identifies many factors (10!) the Court must take into account when determining the excess over the $80K cap, few of which are in the father’s favor.
So, I have two questions please. Does the concept of combined parental income pro-rata share hold, as described above, is it immutable? Or is there something between the lines I am missing? And if the cap is upped, how is the new figure computed? Assume they hike it to $300K.Let me propose this.
If raising the cap to include all my hen in above example, it would be : 17*.66*$100,000 = $11,200K/year, not a huge difference. Is this correct reasoning?
Can they change (or trash?) the pro-rata share concept as well as the cap? Maybe they can ignore the Custodial parent's income, so I end up paying 17% of my entire CSSA defined income i.e. about $17,000/year. Now that *is* a huge difference, and that is the heart of my question, worst case scenario Maybe they can even change the 17% percentage (But I don’t think so).
Thanks in advance.
P.S Let me add that after the Divorce, I moved to another country (where I was born),found a job (I was unemployed in NY for a long time) and have in fact been paying monthly at the rate of 17% of my entire Gross (less FICA taxes etc.) based on the interpretation of my CS Obligation as dictated by ex-wife’s lawyer (yes a dumb thing to do. I had dismissed mine, as the Divorce was finally over, ended. I have new lawyer now on the case). I am now challenging this interpretation, paying what I believe I owe per the Statute as stated (first example, above), and other side have now filed with Court for me willfully and unilaterally and arrogantly underpaying as per Court Order, even tho’ we believe I have OVERPAID, not underpaid. They have NOT, at any time, sought relief from the $80k cap, to have it upped (the “right” thing to do, which they would have won).. Rather they want me to put all CS owed, in advance, up to child’s age of 21 years, based on current income (!), into a bond, or escrow, so they will never have to deal with me again personally to get CS payments. This would bankrupt me.
wombat53
--------------------
Thanks
wombat53
|
|
Previous
Index
Next
Flat
Edit
Reply
Quote
