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What percentage do you get when going after child support in nys?

I have 3 kids, all have the same dad and he will be making at least 1060/week.

I dont want to leave him but he keeps proving to me how much he just doesnt care and how uterly selfish he is. I just want to be happy. since I havent worked in almost 3yrs and it would be extremely expensive to put my kids in daycare I need to know if I would be able to give my kids the basic nessesities until I get on my feet seems how my family wont help. I'm just weighing the pros and cons to staying or leaving. thank you all

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SabrenaLeigh

Asked by SabrenaLeigh at 10:56 AM on Mar. 19, 2011 in Money & Work

Level 22 (14,998 Credits)
Answers (6)
  • i think in most states its the same 17% for 1 kid and any more then that i think its 25%
    jenn4443

    Answer by jenn4443 at 10:57 AM on Mar. 19, 2011

  • The "child support percentage" is fixed as follows:
    a) 17% of the combined parental income for one child;
    b) 25% of the combined parental income for two children;
    c) 29% of the combined parental income for three children;
    d) 31% of the combined parental income for four children; and
    e) no less than 35% of the combined parental income for five or more children.
    Mom2Jack04

    Answer by Mom2Jack04 at 11:40 AM on Mar. 19, 2011

  • mom2jack04 listed what is typically the max (and average) they will give him unless he offers to pay more.. mind you in NYS if he is not shown to be working, he can claim poverty and that could mean paying just $25 a month or just paying some other monthly expense. (example: when my brother lost his job only had to pay the back medical bills from when she decided she didn't want to go for medical insurance right away).

    but the judge, pending on YOUR income can ask him to pay less than the max. so it is inevitably up to the judge. If say, you make over 100 k in your household income (yes household, not just YOUR income), and he only makes 20k a year, they may ask him to pay less.
    xxhazeldovexx

    Answer by xxhazeldovexx at 12:33 PM on Mar. 19, 2011

  • correct......but he can't just say he is below poverty, which in NY is under $10,000 IF his W2's and pay stubs show different. Of course he could just leave his job on purpose, but that would be pathetic. I know all about the $25 a month, it's what my ex husband pays because he earned under the poverty level beacuse he was going to school and living of student loans and a very part time job.
    Mom2Jack04

    Answer by Mom2Jack04 at 1:09 PM on Mar. 19, 2011

  • y baby daddy has to pay something like $35 a month and he doesnt even do that. So unless the guy has a job that directly takes it out don't depend on it. I have a gf and the bd pays on his own but when he wants to lol so some months she may not get anything and then like 4 months later he pays. I also knew a gal that only for $4 a month for her daughter the guy claimed broke and that was all he could afford and that is what she was awarded. It's really insulting to the mother to think that is all their kid is worth ... you know what I mean?
    Jazmineamomma

    Answer by Jazmineamomma at 11:12 AM on Mar. 20, 2011

  • It depends on how much you make because both salaries are added together to figure child support but if you don't work, he would have to pay about $1800 if you lived in Fl, so another state can't be THAT different
    JLS2388

    Answer by JLS2388 at 10:28 PM on Mar. 20, 2011

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