I saw a referee oppose to a judge for child support and I was ordered to pay 70% of my income based on both of our incomes.

Asked over 1 year ago - Bronx, NY

I saw a referee oppose to a judge for child support and I was ordered to pay 70% of my income based on both of our incomes, that’s fine, but also the referee said I should pay 70% of childcare as well but she had no proof of cost of daycare because children were not actively attending, and I said okay just to get the hearing over with, but then I spoke with a friend who had the an attorney for the same type of situation and he said that when he saw the judge the judge combined the percentage of the childcare and child support to equal 70%. Which makes sense because it’s unfair now because the childcare that she pick is very expensive. Do I have a say in childcare? Do I have a case to lower or combined percentage? like friend attorney says. Please give a legitimate answer.

Attorney answers (4)

  1. David Ivan Bliven

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . To determine whether you have a good chance to lower the support, several questions would need to be answered: (1) how many children do you have with that mother? (2) Is the case pending in Supreme or Family Court? (3) Was the agreement you entered a temporary one or final one? (4) Do you have overtime or additional income beyond your "base" income? (5) Did the agreement regarding child care set forth a dollar amount or just the 70%? In any event, I highly encourage you to schedule a free follow-up consultation appointment with a Bronx Co. Child Support attorney.

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  2. Frank Stephen Ieraci

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . Talk to a lawyer immediately. If your case is ongoing, the lawyer can advise you and make sure that the order is not grossly unfair. If your case ended within the last month, you may be able to file objections to the order. Unless you are paying substantial arrears, I cannot imagine how you are paying 70% of your income. Are you sure you are not just paying 70% of the combined parental support obligation? It sounds like you may not have understood what happened in court. You should never agree to anything if you don't understand it. Please speak with a lawyer who can explain what happened and what, if anything, you should do.

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  3. Jayson Lutzky

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You saw a support magistrate on the Lower Main floor in the Bronx, not a referee nor a judge fir a child support matter in the Bronx. The 70 percent may be the pro rata amount for child care. It should not be 70 percent of your income. Bring the paperwork to an experienced child support lawyer in your area to review. The formula has several factors which are best analyzed in an office not on line (which is not confidential).

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  4. Morghan L Richardson

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . I agree with the other attorneys. It may be that you misunderstood and that your pro rata share of the child support is 70%. You should also make sure that your order says she must give you documented proof of the child care before you need to pay. If this is a temporary order, you can do that at your next hearing. You should consult with a Bronx Family lawyer to assess all of your options.

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