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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have been paying child support in New York for many years

Resolved Question:

I have been paying child support in New York for many years now, based in part on the $80000 income cap. One child has now become emancipated. Will my new child support amount have to be based on the new $130000 cap, or is there some sort of grandfather clause which would allow me to continue with the old cap?
Mr. A.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Mr. A,

Thank you for your question. In terms of how your current child support order is written, is it automatically supposed to drop down when one of the children is deemed an adult, or is the order silent on the calculations?
Customer: replied 5 years ago.
The divorce decree states that child support is calculated in accordance with the child support standards act, and lists the percentages, but not specific amounts.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

In that case your current income is used to recalculate your support and your subsequent payments. No guideline uses past (or rather, original) income but all support calculations are done on current income as shown from 2 years of past tax incomes and from tax returns. I am sorry.

Good luck.
Customer: replied 5 years ago.
My question was really related to the new cap. Will I be forced to use the new $130,000 cap or can I continue to use the old $80,000 cap (upon which the current support obligation is based?)
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your patience.

Actually you will be forced to use your new income cap (that is, the $130,000 level of income), and not the previous cap simply because upon review, child support is recalculated based on the numbers that exist at the time the recalculation is requested. As you have increased your income, consequently your obligation for support would also increase.

Good luck.
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