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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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I make $48,000 a year, if the mother, now, can not work because

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I make $48,000 a year, if the mother, now, can not work because of medical reasons due to an auto accident recently. How would weekly child support payments be figured?

I pay $184.25 a week now, which is well over the nys guide lines as I understand them.
Submitted: 6 years ago.
Category: Family Law
Expert:  lwpat replied 6 years ago.
The amount of child support calculated in accordance with the (New York) guidelines is presumed to be the correct amount. “Either parent can offer evidence that this amount is not correct, and the court has the authority to decide whether the guidelines amount is unjust or inappropriate,” the guidelines state. “If the court orders a different amount than the basic support obligation according to the guidelines, the court must set forth its reasons for doing so in writing. Either party can object to the findings of the court.”

The court uses a standard guideline to calculate what you will pay, based on your adjusted gross income and on the number of children involved. The court first determines your gross income, and then makes certain deductions (including Medicare, Social Security, and New York City or Yonkers tax) to establish your adjusted gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:
  • 17% for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • at least 35% for five or more children.
Then your share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.

Since it is based on a percentage it does not matter what the custodial parent makes.
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