Modifying Child Support, What Does It Take?
Recently a Family Court judge in Nassau County ruled in favor of rapper 50 Cent’s request to have his child support payment lowered from $25,000 per month. The judge, after a hearing on the issue, lowered his child support obligation from $25,000 to $6,500 per month. This ruling willl more than likely be appealed but has certainly given many noncustodial parents some satisfaction in knowing that there are some courts that at will listen to their plight. In New York, child support is determined by combining the parents’ income up to $80,000 and applying a mathematic formula to that amount (less FICA taxes, NYC or Yonkers income taxes, child support paid for another child pursuant to court order or written agreement or alimony/maintenance paid to a prior spouse or the custodial parent). The key is that the mathematical formula must be applied on the combined parental income up to $80,000. The court has discretion to apply the formula to combined income over $80,000, if it chooses to use the formula on income above the cap it must give specific reasons for so doing in its decision. When the court decides to deviate from the mathematical formula on combined income above the cap, they must base this decision on several factors. These factors include:
Tracey A. Bloodsaw NYC Family Law Blog » Blog Archive » Modifying Child Support, What Does It Take?
