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My wife and I are divorcing. We would like to do it amicably, but we are disagreeing on child support.

Lawrence, NY |

My wife and I are getting divorced. We have one child. Both my wife and I earn in excess of $200,000 per year. We agree that she will have custody. How much child support should I expect to pay? My lawyer says 17% of my income, but I did a little online research and apparently if your combined family income exceeds $130,000, the 17% rule does not apply, but I can't find what does apply. Any information would be helpful.

Attorney Answers 4


If the combined parental income is in excess of $136,000 (the amount is no longer $130,000), the court can, but does not have to, apply the 17% Child Support Standards Act formula. The general rule is that the court has much greater discretion for the income beyond $136,000 but, in the overwhelming majority of cases, the court will still apply the CSSA formula.

It is can be very difficult to convince the court or negotiate a settlement in which child support will differ from the Child Support Standards Act formula. If you are seeking to deviate from CSSA, I would advise you to contact a local divorce attorney quickly.

It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. <a href="">Please visit us on the web.</a>

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If you are earning over $200,000 per annum and you are paying a matrimonial lawyer, I would suggest you listen to the advice you are getting from someone with a better grasp of all the facts, rather than listen to a pool of free legal advice from those of us who do not know the details. Raise this question with him/her as there is a lot of information that goes into forming a legal opinion.

I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar queries. The answer provided is NOT definitive. I do NOT know all of the facts of your case and NO attorney-client relationship is established. Please do not use my answer to tell your lawyer what to do. Free advise is worth exactly what you are paying. Trust the lawyer who is charging you for his/her time and expertise. If you can no longer trust your lawyer, then hire someone else. I am always interested in new clients and business opportunities and would welcome your call or email to discuss matters further. For more information, please feel free to visit my website or schedule an appointment.

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If you have an attorney, you should listen to him/her. Your online research is not only out of date but fails to reflect the exception to the old rule which is commonly applied by courts in wealth counties.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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As noted by other counsel, 17% is the percentage of income applied toward child support for 1 child. You indicate you earn in excess of $200K but not hoiw much your wife earns as child support is based upon combined income. As noted the court can apply the 17% above $136k at the courts discretion. However, cases where the income is over $250K are called high income cases and the courts will then look at the needs of the child instead of just belindly applying the 17%.

I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

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