How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris T., JD Your Own Question
Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4816
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
45002201
Type Your Family Law Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

I have a question regarding child support in NYS (Erie County)(Buffalo) My

This answer was rated:

I have a question regarding child support in NYS (Erie County)(Buffalo)
My husband and I have been divorced for 8 years now, We have a decent relationship and he has paid the child support directly to me, on time over the past 8 years- we decided this was better and not have to go through Erie County Child Support Services-We both send each other our W-2's and have decided without having to go to court to re-evaluate the amount for support- What we are having trouble with is figuring out how much should be paid- He made $81,000 and I made $22,000 , we have 4 children which would be 31%
We do not know if it is 31% of his gross pay, 31% of our combined pay, or 31% of his "adjusted gross income" which we have seen on line and different websites-
Some sites show "adjusted gross income" meaning his gross pay minus Fica taxes and minus social security paid (or whatever the deductions are supposed to really be) taken off his w-2 for last year- we would like to do this farely without going back to court- Thank you

texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

The figure you ultimately use your adjusted gross income.

texlawyer :

“Adjusted” gross income is defined as gross income minus certain deductions that are permitted. These permitted deductions are: (a) certain unreimbursed employee business expenses; (b) maintenance paid to a spouse not a party to the current action for child support, but only if there is a court order or a properly written agreement; (c) maintenance paid to a spouse who is a party to the current action, but only if there is an existing order or a properly written agreement; (d) child support paid pursuant to a court order or a properly written agreement to a child who is not part of the pending action; (e) public assistance; (f) Supplemental Security Income; (g) New York City or Yonkers income taxes actually paid; and (h) Federal Insurance Contributions Act (FICA) taxes.

Customer:

He has none of these deductions besides the Federal taxes he paid- so I would have to assume we would take his $81,000 and subtract what he paid in Federal Taxes for the year to come up with his "adjusted gross income"

Customer:

Just very confusing since some places show combined parental income to figure out the amount to be paid

texlawyer :

Yes, that would be his AGI. To help you, here is a link to a child support calculator:

texlawyer :

Your income will not impact the child support payment amount.

Chris T., JD and other Family Law Specialists are ready to help you

Related Family Law Questions