1) How is child support allotted in NY? For two 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 involved, 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.
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Leonard M. Weiner, Esq. / Divorce Solutions