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Am I paying too much for child support?

1 Answers. Asked on Apr 29th, 2013 on Child Support - New York
More details to this question:
I am currently paying 46% of my net income in child support. Paycheck is $800/wk. minus $180 for basic 17% and medical premium, $90/wk for past support and medical bills, and pro rata share of $97.50/wk. for daycare expenses. This is for one child. This seems very excessive, can I ask the court to adjust for a lower amount? Why is the day care an extra expense and is it allowable? I don't belive my lawyer gave me good advice. Thank You.
Answers Showing 1 out of 1
Ilysa M. Magnus at Law Offices of Ilysa M. Magnus, P.C.
Licenced in NY
Answered on Apr 29th, 2013 at 3:13 PM

Unfortunately, your child support is not based on your net income.   The only deductions from your gross income that are permitted are FICA, Medicare and NYC or Yonkers taxes.   If you have arrears and are paying a pro rata portion of unreimbursed medical bills, then you are paying the correct amount although i cannot make a proper calculation without knowing Mom's pro rata share and the total amounts billed.   Also, child care is a statutory add-on.  In other words, you are required to pay your pro rata share of child care in order to allow the child's mother to work.  That is in addition to paying direct child support.  


I hope this helps.


Ilysa Magnus

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Child Support
Whether you are creating a new child support agreement or need help enforcing an existing order, you should have the assistance of a knowledgeable child support attorney. Your lawyer will help ensure your initial support order is equitable and adequately covers your child or children's financial needs, including housing, food, school, clothing, medical expenses and other related costs. Once a child support order has been established, you may periodically have to return to court. Child support law firms can help address issues and challenges that arise, such as delinquent child support payments or modification requests.
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