Child support

Asked 5 months ago - Oakdale, NY

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Child support for my child is fixed at 17% weekly. My question is if its father gets bonus in this season will there be a share in that as well. Can maintainance be paid through child support collection unit?

Attorney answers (5)

  1. Pro

    Contributor Level 11

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    Answered December 22, 2012 15:55. Generally child support is fixed until either party seeks a modification. Regular bonuses are typically factored into the non-custodial parent's income in determining support. You may have child support paid through the CSCU if he has been delinquent in the past. You will need to make an application thought the family court.

    Please note that this general response to your inquiry does not establish an attorney-client relationship.You... more
  2. Pro

    Contributor Level 14

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    Answered December 22, 2012 15:07. The support order is for a specific amount per week. As a result, additional money will not be deducted from the father's bonus check.

    It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We... more
  3. Contributor Level 11

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    Answered December 22, 2012 16:14. Were you married to the child's father? If so, review the Final Separation Agreement to see if you are entitled to a share of the bonus.

  4. Pro

    Contributor Level 20

    Answered December 25, 2012 12:52. Bonuses count as income in the year that they are earned. If you have an existing child support order, then you may seek an upward modification, it is best to consult with an experienced family law lawyer before filing a petition.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  5. Contributor Level 14

    Answered December 27, 2012 18:30. No, you will not benefit if he gets a bonus unless your support order indicates that you are entitled to a share of his bonuses. In the future, if you want to share in the bonus, you must file a modification petition alleging that there has been a substantial, unanticipated and unreasonable change of circumstances since the date of the last Order, or that your child's needs are not currently being met by the present support obligation.

    Maintenance can be paid through the child support collection unit, so long as the agreement/judgment indicates that it can be paid through the SCU or if your former spouse defaults in payments and you seek enforcement.

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