EX DRUG ADDICT FATHERS RIGHTS ON CHILD SUPPORT

I JUST WAS RELEASED FROM A DRUG REHAB AND IM PROUD TO SAY WITH HIGH RECOMMENDATIONS. I NO LONGER NEED OR DESIRE DRUGS. I HAVE A JOB MAKING 28,000.00 MY EX WIFE MAKES ABOUT 35,000.00 I PICK UP MY SON EVERY SAT UNTIL SUN NIGHTS AND I BUY HIM ANYTHING HIS HEART DESIRES. NOW SHE IS TAKING ME TO COURT FOR ARREARS AND WANTS MORE MONEY. I HAVE A NEW FAMILY TO SUPPORT PLUS I SEND MY MOTHER 100.00 A MONTH BECAUSE MY DRUG ADDICT BROTHER SOLD EVERYTHING SHE HAD IN HER HOUSE. HE IS LOCKED UP NOW BUT SHE HAS NOTHING. CAN I DECREASE THE PAYMENT? HOW CAN I SHOW THE COURTS FINANCIAL HARDSHIP? CAN SHE COLLECT ARREARS WHILE I WAS IN PRISON? I LIVE IN NEW YORK.

Here are the percentages and guidelines for computing child support in NY. As for the arears while you were incarcerated, your child support obligation does not stop for that period of time. [url="http://www.nysba.org/public/pamphlets/divorce.html"]http://www.nysba.org/public/pamphlets/divorce.html[/url]

2. The basic child support obligation to be paid by the non-custodial parent is based upon a percentage of the combined parental income.


[b]For one child the amount is 17%, for two children 25%, for three children 29%, and for four children 31%.[/b]


In addition to the basic child support obligation, the non-custodial parent may be obligated to pay for a portion of the child care expenses related to the custodial parent's employment or education which would lead to employment. Health care expenses for the children are apportioned between the parents based upon their combined parental income. The non-custodial parent also may be directed to pay for educational expenses. However, if the amount of the basic child support obligation is unjust or inappropriate, the non-custodial parent's prorata share of the child support obligation may be determined by other factors and not by the percentages mentioned above. The parents may avoid the use of the percentages in determining the amount of child support by executing an agreement setting forth the amount of child support which they believe to be fair. An agreement determining the amount of child support must satisfy certain technical provisions of the Child Support Standards Act. A lawyer can help the parties comply with these technical provisions. Neither parent has any obligation to support a child once the child reaches 21 years of age. Child support may end before 21 years of age under certain circumstances such as the gainful employment of the child or the child's willful refusal to maintain a relationship with the noncustodial parent. Child support will be awarded by a Family Court as part of a child support proceeding or by Supreme Court as part of a divorce, separation, or annulment proceeding. Even if there is no matrimonial judgment awarded, the court will make an award of child support to the custodial parent.

These and other changes in the way contested matrimonial matters are handled should make the process more effective for everyone.



[This message has been edited by LadyBlu (edited October 17, 2000).]

Here are the percentages and guidelines for computing child support in NY. As for the arears while you were incarcerated, your child support obligation does not stop for that period of time. [url="http://www.nysba.org/public/pamphlets/divorce.html"]http://www.nysba.org/public/pamphlets/divorce.html[/url]

2. The basic child support obligation to be paid by the non-custodial parent is based upon a percentage of the combined parental income.

[b]For one child the amount is 17%, for two children 25%, for three children 29%, and for four children 31%.[/b]

In addition to the basic child support obligation, the non-custodial parent may be obligated to pay for a portion of the child care expenses related to the custodial parent's employment or education which would lead to employment. Health care expenses for the children are apportioned between the parents based upon their combined parental income. The non-custodial parent also may be directed to pay for educational expenses. However, if the amount of the basic child support obligation is unjust or inappropriate, the non-custodial parent's prorata share of the child support obligation may be determined by other factors and not by the percentages mentioned above. The parents may avoid the use of the percentages in determining the amount of child support by executing an agreement setting forth the amount of child support which they believe to be fair. An agreement determining the amount of child support must satisfy certain technical provisions of the Child Support Standards Act. A lawyer can help the parties comply with these technical provisions. Neither parent has any obligation to support a child once the child reaches 21 years of age. Child support may end before 21 years of age under certain circumstances such as the gainful employment of the child or the child's willful refusal to maintain a relationship with the noncustodial parent. Child support will be awarded by a Family Court as part of a child support proceeding or by Supreme Court as part of a divorce, separation, or annulment proceeding. Even if there is no matrimonial judgment awarded, the court will make an award of child support to the custodial parent.

These and other changes in the way contested matrimonial matters are handled should make the process more effective for everyone.

I edited the paragraph points at the percentages, maybe this will kick it out of the que and show the update. If not read the paragraph I pasted to the message. The guidelines for one child is 17%.