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  1. #1
    marfo is offline Junior Member
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    self support reserve

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

    In NY, the Self Support Reserve clause is written somewhat vaguely, in my opinion. It states that the Self Support Reserve is "135% of the Poverty Income Guideline for a single person". It makes no mention of a re-married non-custodial parent that now has a family (spouce/additional children) that lives with them. For example, does the Self Support Reserve increase based on current household size of the non-custodial parent, or is it always based on the "single person" Poverty Income Guideline? Any help with the interpretation of this, based on current household size of the non-custodial parent, if any, would be greatly appreciated. Thanks in advance.
  2. #2
    BL
    BL is online now Senior Member
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    Quote Originally Posted by marfo View Post
    What is the name of your state (only U.S. law)? NY

    In NY, the Self Support Reserve clause is written somewhat vaguely, in my opinion. It states that the Self Support Reserve is "135% of the Poverty Income Guideline for a single person". It makes no mention of a re-married non-custodial parent that now has a family (spouce/additional children) that lives with them. For example, does the Self Support Reserve increase based on current household size of the non-custodial parent, or is it always based on the "single person" Poverty Income Guideline? Any help with the interpretation of this, based on current household size of the non-custodial parent, if any, would be greatly appreciated. Thanks in advance.
    [url=http://www.brandeslaw.com/child_support/cssa.htm]cssa WORKSHEET. New York Divorce and Family Law, the definitive site about divorce, child support and custody.[/url]
    (i) Calculation of Income of The Non-Custodial Parent
    Gross (total) income as should have been
    or should be reported on "most recent"
    federal tax return
    (individual income only) $ _______
  3. #3
    nextwife is offline Senior Member
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    The income the SPOUSE of the NCP generates is not normally subject to the CS order, BTW.
  4. #4
    marfo is offline Junior Member
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    Thanks for the help you guys, but I am going to try to lay this out a little differently, it may be a little easier to understand what I am asking... The US Dept. of Health and Human Services sets "Poverty Guidelines" every year. The Self Support Reserve uses the amount(s) listed a baseline, from what I can tell. So, in an attempt to clarify my original scenario... Is the Self Support Reserve of the non-custodial parent, who has a current household of 5 members, set at 135% of $27,010, as listed as the Poverty Guideline on the Health and Human Services website for 2012 for a family of 5? I am new here and I really do appreciate the help. Thanks again you guys...

    [url=http://www.workworld.org/wwwebhelp/poverty_guidelines_federal.htm#Poverty_Guidelines_Federal_Current]Poverty Guidelines - Federal[/url]
  5. #5
    WittyUserName is offline Senior Member
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    Single person, acccording to my ultrafast Google search. Hence the term "self support" - it's what you need to support yourself, not you plus other dependents.

    [url]http://www.nycourts.gov/divorce/forms_instructions/ud-8.pdf[/url]

    here's another:

    [url]http://www.nyc.gov/html/hra/downloads/pdf/glossary_of_terms_ocse.pdf[/url]
    Last edited by WittyUserName; 02-17-2012 at 09:31 PM. Reason: added link, and then another.
  6. #6
    TheGeekess is offline Senior Member
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    Quote Originally Posted by marfo View Post
    Thanks for the help you guys, but I am going to try to lay this out a little differently, it may be a little easier to understand what I am asking... The US Dept. of Health and Human Services sets "Poverty Guidelines" every year. The Self Support Reserve uses the amount(s) listed a baseline, from what I can tell. So, in an attempt to clarify my original scenario... Is the Self Support Reserve of the non-custodial parent, who has a current household of 5 members, set at 135% of $27,010, as listed as the Poverty Guideline on the Health and Human Services website for 2012 for a family of 5? I am new here and I really do appreciate the help. Thanks again you guys...

    [url=http://www.workworld.org/wwwebhelp/poverty_guidelines_federal.htm#Poverty_Guidelines_Federal_Current]Poverty Guidelines - Federal[/url]
    The law only says A SINGLE PERSON. So, no, your family of 5 is not going to get your CS numbers down.

    (6) "Self-support reserve" shall mean one hundred thirty-five percent
    of the poverty income guidelines amount for a single person
    as reported
    by the federal department of health and human services. For the calendar
    year nineteen hundred eighty-nine, the self-support reserve shall be
    eight thousand sixty-five dollars. On March first of each year, the
    self-support reserve shall be revised to reflect the annual updating of
    the poverty income guidelines as reported by the federal department of
    health and human services for a single person household.
    [url=http://codes.lp.findlaw.com/nycode/FCT/4/1/413]N.Y. FCT. LAW 413 : NY Code - Section 413: Parents' duty to support child[/url]

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