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child support NYS

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oleala

Junior Member
I currently have three children in NYS and have been ordered to pay child support by income execution. I have a 21 year old as of June of 2011 who lives in her own apartment and works and attends school part time. I also have twins that are 19 years old who will turn 20 in January of 2012. The twins have received scholarships and live on campus.

My current order does not separate each child as a percentage therefore if I wish to have my 21 year old taken off I must petition the court. I am worried that if I do so that my child support will be raised as I make more money now then when the order was put in.

What are my options and my rights?
 


BL

Senior Member
I currently have three children in NYS and have been ordered to pay child support by income execution. I have a 21 year old as of June of 2011 who lives in her own apartment and works and attends school part time. I also have twins that are 19 years old who will turn 20 in January of 2012. The twins have received scholarships and live on campus.

My current order does not separate each child as a percentage therefore if I wish to have my 21 year old taken off I must petition the court. I am worried that if I do so that my child support will be raised as I make more money now then when the order was put in.

What are my options and my rights?
do the calculator.

New York State Child Support Standards Act.

New York Child Support Standards Act - Child Support Worksheet | divorcenet.com

Plus + In the "exercise of discretion" the court may attribute or impute income from "any resources", including:
 

Skill7D

Junior Member
Your best option is to re-read your question. You don't want to pay more, you think if you go to court you will be ordered to pay more because you now make more. Removing your oldest child from the order will do nothing but increase your obligation. You have 2 years left of support on the twins. If you don't want to pay more, don't do anything.
 

LdiJ

Senior Member
I currently have three children in NYS and have been ordered to pay child support by income execution. I have a 21 year old as of June of 2011 who lives in her own apartment and works and attends school part time. I also have twins that are 19 years old who will turn 20 in January of 2012. The twins have received scholarships and live on campus.

My current order does not separate each child as a percentage therefore if I wish to have my 21 year old taken off I must petition the court. I am worried that if I do so that my child support will be raised as I make more money now then when the order was put in.

What are my options and my rights?
If you make more money now than when child support was set, you are correct that your child support could increase if you petition the courts to remove your oldest child. I have seen it happen to many parents.

I suggest that you google an online child support calculator for your state and run the numbers. If it looks like that is a risk for you, then I recommend not filing.
 

BL

Senior Member
If you make more money now than when child support was set, you are correct that your child support could increase if you petition the courts to remove your oldest child. I have seen it happen to many parents.

I suggest that you google an online child support calculator for your state and run the numbers. If it looks like that is a risk for you, then I recommend not filing.
Why would the OP have to google for one ,when I already gave him it ?

NEW YORK CHILD SUPPORT STANDARDS ACT CHILD SUPPORT WORKSHEET
 

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