Category Archives: Child Support

Court Imputes Income to Calculate Child Support

This is a common scenario - you are seeking a court order for child support, but the non-custodial parent is claiming an annual income far less than you suspect he/she actually earns. One way to prove that a party’s actual income is higher than his/her reported income is to illustrate how his/her reported lifestyle could…
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A Parent’s Obligation to Pay for College Does Not Include Graduate Studies

A father, who had agreed to contribute to his child’s college education, was not responsible for contributing to the costs of the child’s post-graduate degree. In the recently decided case of Robinson v. Gerny (New York Law Journal) (subscription required), the Court ruled that “The word ‘college’ denotes attendance at an undergraduate program resulting in…
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How Much Child Support is Too Much – Ask 50 Cent

Rapper 50 Cent is seeking a modification of the order which required him to pay $25,000 as child support for his son. According to ABC News, the mother says this amount is inadequate, particularly since 50 Cent earned $33 million last year. Child support is calculated as a percentage of income. Problems arise when the…
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How is child support calculated in New York?

Child support in New York is calculated pursuant to the Child Support Standards Act ("CSSA") (Domestic Relations Law §240(1-b) and Family Court Act § 413(1)(b)). To simplify, CSSA provides that unless the court finds that the non-custodial parent's pro rata share of the "basic child support obligation" to be unjust or inappropriate after considering the…
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Non Biological Father Liable for Child Support

Robert Ambrogi in his Law.com Network Blog details the case of a man who learned during his divorce, that he was not the father of a child born during the marriage.   Notwithstanding the fact that he was not the child’s biological father, he was ordered to pay child support.   . . . .through a…
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Over-Payment of Child Support Can Only Be Re-Couped Against “Add-Ons”

Motions for modifications of child support are generally effective retroactive to the date the application is made. While the application to modify a support payment is pending, the non-custodial parent is urged to abide by the existing support order. If an upward modification is granted retroactively, the parent paying support is ordered to pay the…
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