non custodial parent income

[LorlaLu]

What is the name of your state (only U.S. law)? New York

I am in the process of filing paperwork for an uncontested divorce, we have two children from the marriage. We are choosing to not have attorneys because of both of our financial situations.

I have already served my ex with the summons and verified complaint, and he signed and filed the affidavit of defendant to waive his rights to contest it.

We did not discuss child support.....

Most of the remaining papers to be filed from the packet are concerning child support. Do I need to fill them out even if I decide not to collect child support now?

Do I have to ask for child support now while the divorce goes through....or can I pursue child support at another time?

Also, I do not know my ex's income and cannot really fill out the child support paper work...should I proceed anyway?

 

[CourtClerk]

So long as you are not intending on collecting welfare, you can probably waive child support. You are not obligated to seek it now, the court can reserve the issue of support.

Until the children reach the age of majority, you have the right to seek support at any time.

 

[BL]

The court will look at all paperwork and yes fill it in .

NY goes by the NY State Child Support standards Act .

The court may have their law clerk review the filings and the clerk may make a recommendation to the court.

The court in it's discretion decide to order CS or not .

The signed UD7 just means that the other party does not contest the divorce or it's grounds.

New York State Child Support Standards Act.

New York Child Support Standards Act - Child Support Worksheet — DivorceNet

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

I did my own UD in NY and the Judge altered the orders . Although I had to have the CS amount corrected as per the prior orders that ran concurrent with the divorce.