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In an uncontested divorce, with shared custody of children, how is the child support calculated?

White Plains, NY |

My wife and I are doing a pro se uncontested divorce. It is very amicable. We are planning to share custody of our two small children. Using a friend's set of divorce papers, we drafted our own and submitted them to the court. The judge returned them to us saying that we need to comply with the child support provisions so that they are enforceable. We put in that neither side wanted child support from the other, and I think this is what the court objected to. What do we need to say to make the papers acceptable to the court?

Attorney Answers 5

Posted

What you need to put in there depends upon the judge involved. Some judges will approve a waiver of child support, but require that the mandatory statutory language is in the agreement and that the waiver language is specific. Some judges will not approve a child support waiver even in a shared situation, and expect the parent making more money to pay full child support. Other judges will expect to see some child support paid by the parent making more money, but will approve a reduced amount based upon the shared situation. As the language is legal and specific, I suggest you hire an attorney in the area to complete the divorce for you. It should not cost a lot if that is the last issue to be addressed.

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Posted

It requires language in accordance with the DRL and Child Support Standards Act...generally, child support in unwaivable but language must contain deviations from
obliligations that result in zero. I suggest retaining an attorney to help you put together the requisite language...as my colleague pointed put, shouldnt be a costly endeavor.

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Posted

Public policy does not allow the waiving of short in its entirety. If there is a deviation of the standards then it needs to be explained that it has been considered and that it is in the best interests of the children. You will have to show the calculations and then the basis for the deviation.

The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.

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Posted

There is particular language you need, as you need to first calculate the presumptive formula, then provide specific language as to why you're deviating from the guidelines amount. For instructions, you can consult the forms/instructions on the NYS court system's website. Otherwise, I encourage you to schedule a free initial conultation with me to discuss your situaiton: 914-468-0968.

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Posted

Your papers should comply with the guidelines and then set forth reasons for deviation. Specific language should be used. It would probably been in your best interests (as well as that of your adversary) to either seek legal counsel or a mediator to prepare the documents.

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