17% or more?

[fakedad]

What is the name of your state? NY

$80k in NYC...I've read that once the NCP makes $80k or more it is up to the judge's discretion to determine child support. Is this true? If so, is the first $80k calculated using 17% (for one child) and the remainder is up to the judge? or does the judge decide at random on the full income amount? What do they take into consideration? What if mom is working minimum wage, living in the projects - do they "penalize" you for her actions in saying you should pay more then the 17%

Does judge take into consideration that mother does not work b/c she had another child (by another man) therefore not contributing to her financial share of raising our child? I couldn't leave work and not pay cs why can she? Is there anyway to prove that the money I pay for my child is going to support her entire family (she does not work, husband works at Walmart p/t and they have a new child) - if I can prove that through showing their bills vs what I pay is there anything that can be done? Maybe give her 1/2 and putting the other 1/2 in a bank acct for child?

Also, if I pay more 50% of raising my child can I claim her in my taxes or is it just the CP that can claim her no matter what % either of us contribute to raising her?

Thank you!

 

[GrowUp!]

What is the name of your state? NY

$80k in NYC...I've read that once the NCP makes $80k or more it is up to the judge's discretion to determine child support. Is this true? If so, is the first $80k calculated using 17% (for one child) and the remainder is up to the judge? or does the judge decide at random on the full income amount? What do they take into consideration? What if mom is working minimum wage, living in the projects - do they "penalize" you for her actions in saying you should pay more then the 17%

Does judge take into consideration that mother does not work b/c she had another child (by another man) therefore not contributing to her financial share of raising our child? I couldn't leave work and not pay cs why can she? Is there anyway to prove that the money I pay for my child is going to support her entire family (she does not work, husband works at Walmart p/t and they have a new child) - if I can prove that through showing their bills vs what I pay is there anything that can be done? Maybe give her 1/2 and putting the other 1/2 in a bank acct for child?

Also, if I pay more 50% of raising my child can I claim her in my taxes or is it just the CP that can claim her no matter what % either of us contribute to raising her?

Thank you!

If there is such language, it would exist in the state statutes. You can easily Google them and if you look around, you should see it to find out the exact amount, if any.

Stand by...I am sure others with experience/knowledge of NYS will contribute (calling Stealth...isn't that your 'hood??)

 

[stealth2]

As I recall, CS is calculated as normal up to $80k combined, and then the judge has the discretion to add an amount based on additional income.

Mom can be imputed an income, most likely ~ minimum wage.

 

[LdiJ]

On the tax issue, unless a judge orders that you get the exemption (perhaps every other year) it belongs to mom under the tax code and regs.

Although at more than 80k of income, the exemption may not be of significant value to you....it all depends on how much more it is. All of the credits for children and even the personal exemptions phase out a certain income levels.

 

[fakedad]

Oh so the $80k limit is the combined income between two parents - thanx for clarying that, I thought it was only the income of the NCP. So will imputing her an income reduce the amount I would have to contribute or would it just be an amount that she would be responsible for but nobody is "really" holding her responsible for it?

What about me proving that my cs covers most of the bills including for the child that is not mine. Is that a lost cause or can something be done about that? Taxes - if I'm financially providing more for my child can I claim her on my taxes?

Thank you for your patience - I'm trying to get as educated about this as possible.

 

[fakedad]

Thanx LdiJ about the tax issue - I was writing the previous post at the same you posted this one.

 

[BL]

http://www.divorcenet.com/states/new_york/ny_child_support_worksheet

No, you can not dictate , or are allowed to know what the Child Support payments are used for .

 

[stealth2]

Her being imputed simply factors that income into the equation, and it is assumed that she contributes that percentage whether she's actually working or not. In other words, she's being assessed a responsibility because she's voluntarily unemployed. If you were to quit working tomorrow, you would still be responsible for the amount of CS as though you were working.

At the end of the day, you're not going to get a pass for having a kid with a lazy woman. If you want to put money away for the kid, it's going to have to be in addition to the CS you're ordered to pay.

 

[ILOVEMYGSM3]

i think its crap

that a state cant dictate what the cs is used for...roomate pays $800 for his son(untill court says otherwise), and his ex has even said she uses $300 for rent, $200 for her car pymt, and $200(half of childs monthly daycare)towards the daycare...

i've seen on here where men pay 1500 for 2 kids...who are in public school...you know it doesnt take 1500 to raise 2 kids who ARE NOT in daycare/diapers/formula...i dont have kids, but i've asked friends who do...my niece has intense med probs, and her mom only gets $250 for cs, no medical, and if it wasnt for moms new hub being army, my neice would be racking up about $40g a year in med bills alone...and CA refused an up in cs for mom...saying they saw no reason for it...but that was when niece was in daycare and diapers...now that shes in preschool, the money goes into a joint acct w/mom and g-ma, for a college fund...

 

[Silverplum]

Cs

that a state cant dictate what the cs is used for...roomate pays $800 for his son(untill court says otherwise), and his ex has even said she uses $300 for rent, $200 for her car pymt, and $200(half of childs monthly daycare)towards the daycare...

i've seen on here where men pay 1500 for 2 kids...who are in public school...you know it doesnt take 1500 to raise 2 kids who ARE NOT in daycare/diapers/formula...i dont have kids, but i've asked friends who do...my niece has intense med probs, and her mom only gets $250 for cs, no medical, and if it wasnt for moms new hub being army, my neice would be racking up about $40g a year in med bills alone...and CA refused an up in cs for mom...saying they saw no reason for it...but that was when niece was in daycare and diapers...now that shes in preschool, the money goes into a joint acct w/mom and g-ma, for a college fund...

Each case is unique ~ taking into account the earning potential of the parents, etc. This is why it is pointless to have emotional outbursts about CS, or to compare cases.

 

[LdiJ]

that a state cant dictate what the cs is used for...roomate pays $800 for his son(untill court says otherwise), and his ex has even said she uses $300 for rent, $200 for her car pymt, and $200(half of childs monthly daycare)towards the daycare...

i've seen on here where men pay 1500 for 2 kids...who are in public school...you know it doesnt take 1500 to raise 2 kids who ARE NOT in daycare/diapers/formula...i dont have kids, but i've asked friends who do...my niece has intense med probs, and her mom only gets $250 for cs, no medical, and if it wasnt for moms new hub being army, my neice would be racking up about $40g a year in med bills alone...and CA refused an up in cs for mom...saying they saw no reason for it...but that was when niece was in daycare and diapers...now that shes in preschool, the money goes into a joint acct w/mom and g-ma, for a college fund...

Actually, if you don't think that it could take that much (plus mom's contribution) to raise two kids then you don't have any experience with teenagers....particularly teenage boys.

I had custody of a teenage boy for a little over a year and I calculated that it cost me about 200.00 a week just to FEED him. He ate 2-3 times what my daughter and I ate, combined!

 

[MandyD]

that a state cant dictate what the cs is used for...roomate pays $800 for his son(untill court says otherwise), and his ex has even said she uses $300 for rent, $200 for her car pymt, and $200(half of childs monthly daycare)towards the daycare...

...

Why do you find that objectionable? CS should cover a portion of rent/mortgage payments. The car she pays on takes the child to the doctor, to daycare, everywhere he needs to go. Surely you're not objecting to her using it to pay for the daycare, are you?

 

[fakedad]

"At the end of the day, you're not going to get a pass for having a kid with a lazy woman" - LOL, tell me about it, you live and you learn. But with the imputed income - she won't be held accountable if she doesn't bring that in as say if I quit my job and didn't pay cs, would she?

 

[LdiJ]

that a state cant dictate what the cs is used for...roomate pays $800 for his son(untill court says otherwise), and his ex has even said she uses $300 for rent, $200 for her car pymt, and $200(half of childs monthly daycare)towards the daycare...

i've seen on here where men pay 1500 for 2 kids...who are in public school...you know it doesnt take 1500 to raise 2 kids who ARE NOT in daycare/diapers/formula...i dont have kids, but i've asked friends who do...my niece has intense med probs, and her mom only gets $250 for cs, no medical, and if it wasnt for moms new hub being army, my neice would be racking up about $40g a year in med bills alone...and CA refused an up in cs for mom...saying they saw no reason for it...but that was when niece was in daycare and diapers...now that shes in preschool, the money goes into a joint acct w/mom and g-ma, for a college fund...

Actually, if you don't think that it could take that much (plus mom's contribution) to raise two kids then you don't have any experience with teenagers....particularly teenage boys.

I had custody of a teenage boy for a little over a year and I calculated that it cost me about 200.00 a week just to FEED him. He ate 2-3 times what my daughter and I ate, combined!

 

[MrsK]

"At the end of the day, you're not going to get a pass for having a kid with a lazy woman" - LOL, tell me about it, you live and you learn. But with the imputed income - she won't be held accountable if she doesn't bring that in as say if I quit my job and didn't pay cs, would she?

You may as well learn now...the state pretty much doesnt care about NCP's and if they are paying more than it takes to raise the child. If the child has a roof over its head, food, and clothing, the state doesnt care if mom uses the money for a daily pedicure, or on cigarettes. Not even if the house is a 2 bedroom shack with 4 adults and 2-3 kids in it (or whatever), not even if the food the child eats is solely WIC foods (cheese, cereal, milk, peanut butter) or from food stamps, and not if the clothes are hand-me-downs that are 2 sizes too big/small and dirty/in poor condition. They basically will take all the money from your pay allowed by law, let mom be a lazy POS and let mom use your money for WHATEVER she wants, including not taking care of your kid.

There are LOTS of CP's who use the $$ for its INTENDED use, but there are just as many CP's getting too much $$, racking up all the welfare they can, and never doing a productive thing with their life, and the state isnt about to go figure out who is who.

Sad, but true.