NancyD
Pooh-Bah
Reged: 06/03/05
Posts: 2105
Loc: New York
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Re: basic child support question
12/01/06 09:37 AM
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I have two brothers in NY that pay CS.
One has it deducted from his paycheck, and it goes directly into his ex's paycheck—they both get paid by the same payroll service. Very neat and easy. The base amount is fixed, so even if he does overtime, it is the same from paycheck to paycheck.
The other sends his ex a check every month. The amount is established by a court order, and it does not fluctuate. The only way it can change is by court order. There usually has to be a period of time (@3 years) or a significant increase or decrease in income before the court with alter the CS. He has a weekend job that he moonlights at in order to make enough money to live on. That will only be counted when his next CS review comes up, as it's not a significant enough change in his income.
The court can set up payment to be weekly, bi-weekly, monthly...whatever works best for the people involved. One brother gets paid every other week, so the CS gets credited on a bi-weekly basis. The other brother pays on a monthly basis.
For someone who's income does flucuate, they look at the income tax return of the previous year and determine the amount that person is able to earn, or will probably earn, and use that amount for determining CS. I've never heard of someone having fluctuating CS. They just have to learn to budget it into their monthly bill-paying. I'm sure their landlord doesn't let them pay a fluctuating amount from month to month.
However, the court will allow almost any set-up that the parents agree to, but I don't think a fluctuating amount is workable. As you have said, how would you know or could trust that they would report their income accurately? Also, how could you budget for the child's needs not knowing what amount you would receive month to month? There are non-custodial parents who just don't pay the full amount each month, or pay a little ahead. It's not court ordered or court sanctioned, but it's what ends up happening when people just don't have the money to cover all their bills some months.
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