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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23417
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Ive been supporting my son for the last 17 years, hes lived

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I've been supporting my son for the last 17 years, he's lived with me for 7years out of 17 years and now this year his mother filling for child support. What rights do I have?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and your concern. Why is she filing for support? Who does your son live with at this time? Has there been any previously ordered child support or have you just been paying for him based upon an agreement with her?
Customer: replied 3 years ago.

There was a case one time before that she closed after a year and I payed the money back to the state. We've always had a good relationship, I was extremely surprise when I received the notice. My son lives with her now. When I asked her why she's doing this she mentioned she wants to make sure my son has money for HS senior activities i.e. prom or grad night. Which makes no sense, I've been paying for my son's extracurricular activities for years. This seems like she's just trying to extort money from me.

Thank you for the additional information. Child support is based upon the needs of the child. In an ideal situation, she would be able to speak with you and advise as to the amount she needs, for all these extra activities and you would agree to pay them. If you objected, I can see her proceeding through the court and having it ordered but in this situation it does seem odd. Of course, if he does live with her and she incurs the expense for his care, she does have a legal right to have child support ordered at this time. In a situation like this, you should try and speak with her, asking why she does not ask you and have you agreed to a specific amount, instead of getting the courts involved. She may not tell you her true intent but you can always respond and contest her request. If he is 17 years old now, the support would expire once he turns 18 and graduates from high school, so it would only be temporary, to begin with.

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Customer: replied 3 years ago.

will the child support amount be based on my Salary? Do the courts take into account my family wife, and two other children? Is there a way to get the amount reduced..

Thank you for the additional question. Allow me some time to research this and I will respond shortly.
Yes, your salary will be used as a factor, as well as the other things, which I have listed below. If you and the mother can not agree on an amount of support for your son, the judge must decide the child support amount based on a guideline calculation. The guideline calculation depends on:

How much time each parent spends with their children,
How much money the parents earn or can earn,
How much other income each parent receives,
How many children these parents have together,
The actual tax filing status of each parent,
Support of children from other relationships,
Health insurance expenses,
Mandatory union dues,
Mandatory retirement contributions,
The cost of sharing daycare and uninsured health-care costs, and
Other factors.

Moreover,the amount of the child support order may be decreased if the parent paying support is also financially responsible for children from another relationship.
FamilyAnswer and 6 other Family Law Specialists are ready to help you
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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