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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3615
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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I have a question regarding child support in NYS (Erie County)(Buffalo) My

Resolved Question:

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
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

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, Lawyer
Category: Family Law
Satisfied Customers: 3615
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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