What does Child Support Cover

[RCiancia]

What is the name of your state? New York:

I am hopefully in the final stages of a long divorce. There are 3 children, ages 19, 16 and 13. and my income is $ 110,000, my ex earns $15,000. I think NY law states child support will be 29% of $80,000, and the judge can base it on a higher amount if he sees fit. My question is, is $80,000 the correct standard, and what is child support designed to do.

I am assuming the following:
Mortgage Payment
Utility Bill
Phone
Automobile
Food
Clothing
Extracurricular activities, sports

What about Private School Tuition, High School. Did I forget anything?? Any info is appreciated.

Ron

 

[JETX]

Court ordered child support is not 'assigned' to cover any specific expenses, but is intended to cover reasonable expenses needed to support the children. If it was simply a math problem, as you indicate, child support amounts would be standardized for ALL families.

 

[RCiancia]

Ok your point is well taken, thank you..

Is my figure of $80,000 correct, or would it based on the $110,000 figure as a standard. I also know that I am not required to cover the entire 29%, my exwife needs to contribute proportionally in that, correct?

 

[stealth2]

NYS does use an income share model, yes.

As for private school tuition... If the child(ren) have already been attending private school prior to the divorce, the courts will be loathe to force them to go public - so there will likely be an additional amount awarded for a proportional amount of tuition. If one (or more) sibling is already attending private school, the court will also likely assume that private education was an agreed upon expense and will also likely order a proportional split of tuition for the other sibling(s) when s/he/they reach the approriate age. That would be in addition to CS, not part of the standard 29%.

 

[RCiancia]

Stealth - Thanks..

One last question... Being we both make over $80,000 combined... what amount will the court use as a base for the 29%.. Is it $80,000 standard.. and upwards at the courts discretion???

Thanks

 

[stealth2]

Yes. But you don't really expect her 15k to really make any dent in what the CS obligation is, do you? Compared to your 110k?

 

[RCiancia]

Of course not, I just wanted to know what amount they base it on... the 80 , or my 110+her 15


thx

 

[stealth2]

They'll start with the 80 (but I think will base the percentage on the 125 total), and then go from there.

 

[smorr]

I believe Stealth2 is correct - they'll start with both incomes combined and take it from there. They also take into consideration private school tuition, which would probably raise the support order if you both decide to keep them there rather than switch to public schools.

It would help you considerably if she was able to make more money. You may also be responsible for paying her health insurance still. (basing that on Mass. laws). I had to do that for my ex-husband because he had no insurance and I took insurance for both kids when we split up (they had no insurance while we were married). I was floored when the judge told me that, but I had to do it. Luckily, the ex- never filled out the paperwork I gave him and I made no efforts to push it either!