What factors are appropriate to establishing a claim that the child support, as ordered by FCSCU hearing officer, is unjust and or unfair?
Livonia , New York
repeatedly supplied SCU and the Family Court with records of income since 1999 clearly showing various income (employer disability benefits, compensation and Soc. Security Disability yearly income records)which clearly showed that the defendant was (well) below the self support level and entitled to the protection of the CAP. Every year that this issue was prosecuted, it was with the SCU Hearing Officer's knowledge of entitlement to the CAP. Have recently refiled for reduction in accordance with the CAP provisions. Children do received SS benefits plus an additional amount over and above the CAP amount, resulting in periodic wiping out of all the resources from automatic deposit of the SS Disability check
The calculation of child support depends on numerous factors. Perhaps the most important is how much money the parents earn. Both parents’ incomes are taken into consideration. Also, the amount a parent is able to earn is considered – that is, if a doctor in his 40s is lying on the beach all day instead of working, she or he may still owe child support even with no income. A related factor is how much other income each parent receives. For example, parents may earn interest or other investment income.
The next set of factors concerns the family structure – that is, how many children are involved. Obviously, more kids means more money (a truism every parent can attest to). There is the factor of how much time each parent spends with their children – in this case, more time spent with kids usually means less money owed to the other parent for child support.
The tax filing status of each parent is important, for reasons beyond the scope of this article. Other factors include: support of children from other relationships, health insurance expenses, union dues, retirement contributions, daycare, uninsured health-care costs, traveling to visit kids, and school expenses.
Therefore, you would have to prove that the court errored in one or more of the above factors mention in setting the support for the child.
Practicing Attorney for over 15 years
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