How do i get the child support amount cut in half cause thats what we agreed to and i get joint physical custody of our daughter

Asked over 6 years ago - Buffalo, NY

My girlfriend and i just split up ,we have a 1 yr.old daughter.We have come to an agreement concerning child support,but she gets free daycare paid for by the county.The county is forcing her to take me for child support.We went in front of the support judge and i explained that as parents we have come to an agreement concerning Child Support,the judge looked at me and said "I dont care about any agreement ,I want to see your pay stubs and W-2 forms.Due to the fact she gets Free daycare.Long story short,we didnt return to court .The County service then contacted her again and told her to re-subpena back for child support or they would cancell the daycare service.My question is How do i get the child support amount cut in half cause thats what we agreed to and i get joint physical custody of our daughter.So that i dont have to worry about my ex treating me like a puppet in the future.

Attorney answers (2)

  1. Carrie Anne Cavallo

    Contributor Level 6

    1

    Lawyer agrees

    Answered . I suggest that you file a petition for custody where you and your girlfriend can appear before a Family Court Judge and enter into a consent order there for joint custody. Once that is done you can appear before the support magistrate (on a downward modification petition) and have a consent order entered, which deviates from the child support standards act based upon the amount of time which you spend with your child and the cost you incur during your visitiation.

  2. Avvo Staff Moderator

    Answered . You would have to petition the court for a downward modification. I suggest that you work with the attorney who handled your child support case. If that is not possible (due to expense, can’t locate lawyer, etc.), you can contact NY Division of Child Support Enforcement. They should be able to help you:

    https://newyorkchildsupport.com/support_enforce...

Related Topics

Physical custody

Physical custody means the parent that the child lives with. Most parents have joint custody, but depending on the circumstances a court may award sole custody.

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