CHILD SUPPORT – Page 4 – Divorce Solutions

Oct 26, 2018

Question #4: My husband and I have agreed to try Mediation instead of going straight to the lawyers, so far it all seems to be very calm with no fighting between us. We have 3 children and live in the State of Washington. Have been married 14 years. My question is this: I will have custody of the kids, he will be paying child support, he wants to have the children 1 month each summer, which is fine and every other spring break week off school; how does the child support work in that situation? I’m not greedy, but after almost 6 years as an at-home mom and just going back into the workforce, I’m not making a whole lot of money, so that child support is very important for paying the rent. Even though he will have the kids for 1 whole month each summer, I still have to maintain an apartment and pay the rent for when the kids come home after their month with him. In this instance, is child support prorated for how long they are with him or does he not pay it that month at all. And what about the 1 week he will have them in the spring, is child support prorated then too? He also wants to claim the children on his tax return because he is paying child support; it seems to me that we are both supporting the kids, since I still will be providing for them too, can he claim them or do we alternate years we claim them? I’m so confused, I can’t afford a lawyer, but I have a feeling I will have to get one to keep up with him. Can I ask the courts to have him pay the Lawyers’ fees since my income is next to nothing compared to him, he makes 3 times more that I will? I would be forever grateful for any help you can send this way!!! He has already seen a lawyer twice, I cannot afford to see one, so I feel that he has the upper hand in all of this. He keeps throwing things at me and I really don’t know what to do when he suggests something.

Answer: If your husband has engaged an attorney to represent him you should get legal representation as well. If you cannot afford legal counsel by yourself, the court would require him to pay for your legal counsel. You should arrange to speak to an attorney experienced in divorce mediation who could assist you in acquiring […]

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Oct 26, 2018

Question #3: I am a father of one child going on 17 yrs. old and am paying 17% of my gross income minus social security and Medicare. I would like to inquire information or find out were to find it, concerning child support payments in NY State. The required percentage is 17% as previously described. I would like to learn what this percentage is based upon and other laws governing such. Your response would be much appreciated.

Answer: The 17% child support requirement for the first child is a provision of the Child Support Standards Act (Chapter 567 of the 1989 Laws of the State of New York) as presently codified in Section 240 of the Domestic Relations Law as amended. It would be beyond the scope of this page to discuss […]

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Oct 26, 2018

Question #1: My parents had been married for 30 years when my father left my mother for another woman. During the years they were married my mother never worked she stayed home and took care of us; this was the way my father wanted it. I have three younger sisters and a younger brother. Only two are under the age of eighteen. After my father first left my mother and they went to court, he was ordered to pay a certain amount of child support and a certain amount for spousal support. They have been separated now for over a year; I get the feeling that my father is getting ready to file for divorce. What I am worried about is my mother. She still doesn’t work and my one sister is getting ready to turn eighteen, although she is going to college and still lives at home. What can my mother expect. Will she get spousal support and for how long? What about child support, does it include my sister in college? I forgot to add that all parties involved live in New York State.

In order to properly answer your question I must have more information regarding the Separation Agreement or court order which your parents entered into received at their legal separation. Such Separation Agreement or court order would generally outline the support obligations of your father both for the children, including children above 18 who attend college, […]

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