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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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In my stipulation it states that the parties agree that the

Customer Question

in my stipulation it states that the parties agree that the percentages as provided in the CSS Act shall apply entirely to $176,384 of the father's income (Me). But I have received nominal increases over the years and my ex want to adjust the number each year. is this right? i thought that there was no provision after 140K and the agreed number is ***** it stand or is she correct that i have to readjust each year
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What state was the support order out of?

2. You are referring to child support, yes?


Customer: replied 1 year ago.
NY and yes Child support
Expert:  LawTalk replied 1 year ago.

Good afternoon,

Thanks for the clarification. I suspected that was the case. And yes, the child support tables stop at $140,000 and anything more than that must either be due to a stipulation between the parties or because the judge exercises discretion and awards more.

You bent over backwards to be fair in the initial agreement and this is the thanks you get. Simply, your ex is not entitled to an automatic increase in support each year just because you get an increase in pay. You are already paying above the support schedule guidelines and there certainly is no need for you to bow to your ex's greed.

In fact, you might mention that if she takes this back to court seeking an increase, you will file a counter motion to actually decrease support back to the maximum level set in the support schedule guidelines. That may give her pause for thought. But no, you ate certainly not obligated to readjust the support level each year, unless that is a specific requirement and set out in either your marital settlement agreement of the support order of the court.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,