Q: I went to my initial child support hearing in November and the father objected based on the 17%. The support magistrate will be looking at our financial affidavits. He is not below the poverty line, this is his only child/I do not keep the child from him and he has been on his job for 18 years. What should I expect at the second hearing? This whole process is becoming quite stressful. Thanks in advance.
A: David's Answer: There are a few common factors the Court will use in deviating from the standard child support calculation. First, if the combined parental income exceeds $136,000 (the current statutory "cap"), then the court MAY deviate on the percentage for income exceeding that amount. Second, if the father is supporting other children pursuant to a valid written agreement or order, the Court SHOULD give him a credit for those payments. Finally, if the father has some unusual expense (such as student loan debt, a garnishment, high health care costs, etc.), the court MAY take same into account in making the support lower. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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