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How does NYS child support work with someone that makes commision?

I want to take my boyfriend for child support but, i dont know how much i will get from him. He works at a car dealership and made a little over one hundred thousand dollars last year. The thing is he gets a base pay of two hundred dollars a week and the rest he makes on his commision. So I want to know if I do get child support will they just base it on his base pay or consider his base pay and commision?

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Attorney answers (1)

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The child support is based on many factors including the age of the child, the income of the mother and the TOTAL income of the birth father. The usual court procedure is that the father will have to bring in tax returns and/or W-2's (and 1099's) which are the tax forms which demonstrate his total income. This gives the court a concept of how much he is able to pay. My experience is that many birth fathers hire a lawyer and do quite a battle to protect their money including having their employers not pay them in a discoverable way (which is a crime). You need to hire an attorney to make sure you get the best for your child.

On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..



Divorce in General and How It's Handled in New Jersey
Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong)
US law on parental kidnapping: Please see 28 USC s. 1738……………………
Child Abduction and International Law………………………………………..


LEGAL DISCLAIMER…………………………………………………………………..
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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