[NY] [NY] Would a child support agreement for one child take into account the court-ordered support for a different child?
Hello I was wondering if a child support agreement for 1 child would take in account for a different child's court issued child support in NY?
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Yes, in New York, when calculating child support for one child, the court does take into account any existing court-ordered child support obligations for other children.
Under New York’s Child Support Standards Act (CSSA), the noncustodial parent's adjusted gross income is used to determine their child support obligation (NY Dom Rel L § 240(1-b)). Importantly, any court-ordered child support payments for other children are deducted from the parent's gross income to arrive at the adjusted gross income. This means that existing child support obligations reduce the income considered available for new support calculations.
For example, if a parent is already paying court-ordered support for one child and a new support order is being established for another child, the amount paid under the existing order is subtracted from their gross income before calculating the new obligation. This ensures that the parent's total support obligations remain equitable and within their financial means.
It's important to note that this adjustment applies only to existing court-ordered support payments. Voluntary or informal support provided without a court order typically does not reduce the income considered for new child support calculations.
If there has been a significant change in circumstances, such as the birth of another child or a substantial change in income, you may petition the court to modify the existing child support order (NY Dom Rel L § 236(B)(9)(b)). The court will then reassess the support obligations in light of the new circumstances.
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Hello I was wondering if a child support agreement for 1 child would take in account for a different child's court issued child support in NY?
Lexi, Chatbot
I understand your concern. Are you currently involved in a child support case in New York?
Yes, it was concluded but I am going back to get payments reduced because 15% pay cut.
Lexi, Chatbot
Have you already discussed this situation with a family lawyer or filed any legal paperwork regarding child support?
I honestly can't afford a lawyer this time. Also getting paperwork and other things together to file.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with child support modification.
I'm in the military stationed in California.
Andres Sanchez
Hi there! I'm Andres Sanchez, a Family Law expert. I understand you're navigating some child support issues while stationed in California, and I'm here to help you with any questions you have. What state is the child support agreement in?
New York.
Andres Sanchez
Yes, in New York, when calculating child support for one child, the court does take into account any existing court-ordered child support obligations for other children.
Under New York’s Child Support Standards Act (CSSA), the noncustodial parent's adjusted gross income is used to determine their child support obligation (NY Dom Rel L § 240(1-b)). Importantly, any court-ordered child support payments for other children are deducted from the parent's gross income to arrive at the adjusted gross income. This means that existing child support obligations reduce the income considered available for new support calculations.
For example, if a parent is already paying court-ordered support for one child and a new support order is being established for another child, the amount paid under the existing order is subtracted from their gross income before calculating the new obligation. This ensures that the parent's total support obligations remain equitable and within their financial means.
It's important to note that this adjustment applies only to existing court-ordered support payments. Voluntary or informal support provided without a court order typically does not reduce the income considered for new child support calculations.
If there has been a significant change in circumstances, such as the birth of another child or a substantial change in income, you may petition the court to modify the existing child support order (NY Dom Rel L § 236(B)(9)(b)). The court will then reassess the support obligations in light of the new circumstances.
So if it's not court ordered, it will not be honored even with evidence of money being sent? There will be a contract that is notarized by my military legal saying I pay towards the other child.
Andres Sanchez
In New York, when calculating child support under the Child Support Standards Act (CSSA), deductions from a parent's gross income are typically limited to court-ordered obligations or those established by a properly executed written agreement. Voluntary payments made without such formal agreements are generally not automatically deducted from income for child support calculations.
However, courts have discretion to consider voluntary payments in certain circumstances. If you have a notarized agreement, such as one prepared by military legal services, that outlines your commitment to support another child, the court may take this into account. While not guaranteed, presenting this agreement, along with evidence of consistent payments, can demonstrate your financial obligations and may influence the court's decision.
Ok thank you. Last question, what does child care consist of?
Andres Sanchez
You're welcome. I hope everything works out for you. Child care is daycare or child sitting services.
So not sports classes or private schools?
Andres Sanchez
No, that is not considered child care.
Ok. Thank you Mr. Sanchez.
Andres Sanchez
You're welcome.
Andres Sanchez
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