Questions about child support in new york?

Question

1. i filed a petition today against my son's father for child support. I just want to know do i get 17% based on his income or is it some formula they calculate together based on both of our incomes.....

2. will my income be considered and will it affect how much i get from him....

3. is childcare and medical a separate expense or are the included in this 17 % of the father's income?

Answer 1

In NY the 17% is his income only.  Sometimes they will add an additional amount for daycare/medical, & sometimes they will still order it, but make it a seperate payment from the child support that you have to get from him on your own.  And sometimes they don't add it in at all.  That part is determined on a case by case basis.  Here is a very good link for a brief overview of NY child support laws.  Hope it helps out too.

http://ocse.acf.hhs.gov/ext/irg/sps/repo...

Answer 2

1.i believe its a formula calculated to determine how much you will receive. they may also ask you how much do you spend on your child in general in a months time and may determine it from that. my ex and i could not agree. he kept bitching that $300 + was too much for him to have taken out of his check *rolls eyes*. eventually the judge came up with an average number used for those that cannot agree on an amount which for me was $224, although I need much more than that.  

2. your income should not be considered at all. mine wasnt. i live on long island by the way.

3. my ex and i agreed to split childcare and medical cost evenly. it was not included because the judge could see that we got along with each other and could agree on splitting the costs without a problem like adults, and so far we have split them in half. it is recorded in the documentation that this is how it should work although we do not have to report that he has been paying his half, although if he did give me a problem id rat his *** out in a heartbeat.  

  anyway even though this was our agreement im sure the jugde would be able to consider the cost of childcare and medical costs within the amount awarded to you per month.

  good luck with everything. i hope my answer helped some. dealing with child support is a long annoying process but as long as you and your sons father can get along, it makes it much easier and a little bit less stressful :-)