Question #22: 1) How is child support allotted in NY? For 2 children, is the amount taken from the father’s weekly gross paycheck or the weekly net? 2) If we live in Mitchellama housing, would the parent who remains in the home with the children have to pay equity of some kind to the parent who leaves?

1. The NY statute regarding the calculation for child support is complex, but for purposes of this discussion it is approximately 25% of one’s gross annual salary for two children . It can be paid weekly ,bi-weekly or monthly as the parties agree or the Court orders. 2. The ownership of the apartment must be reviewed to see if it qualifies as “marital property”. Assuming that it qualifies, the party leaving will have an equity interest in the apartment and should be compensated for its value. If you are located in the NYC metro area, please call me at 212-370-1660 to discuss mediating your divorce.
Leonard M. Weiner, Esq. / Divorce Solutions