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How can I lower or eliminate my unfair SYN child support payments ?

Buffalo, NY |

My ex - wife and I split on a friendly basis , and I trusted her and her attorney to come up with a fair resolution . Our salaries are both about 50k . We share custody of our 10 and 8 year old daughters . They spend 3 nights with me , 4 with her . I pick them up at the bus stop daily by working early hours and save us both hundreds in day care expenses . She's technically the " custodial parent " as I didn't want to fight that knowing that having my kids half the time was my only priority and didn't want to ruin that . Why do I have to hand over $ 840 to her per month ? Its been 7 years and I am tired of living like a bum , while she lives like a queen and can afford yearly Euro vacations , a nice house , etc . What do I have to do to make this FULLY 50 / 50 ?

Sorry, "SYN" was supposed to read "NYS" as in New York State. Also, if it makes a difference...her attorney "forgot" to file our divorce papers, and finally says that we should be officially divorced now. After 7 years. Not sure if I can get back some of my pay due to the fact that we weren't even divorced. Not my goal, but will take what I can get.

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Attorney answers 3

Best Answer
Posted

Unfortunately, you cannot get back what you've paid, but if the arrangement is truly unfair and contrary to the spirit of the child support laws, then you may be able to get a downward modification. You'll have to consult with a local attorney to fully review your options. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

Posted

You are not entitled to a refund for last child support paid, whether by court order or voluntarily. Child support is based upon a formula of 25 percent for two child of the adjusted gross income. Consult with an experienced child support lawyer to help you.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Posted

Perhaps you could try to revisit the issue in Family Court, but it would mostly depend on the original wording of your stipulation of settlement. Since you wife has the children more of the time than you do, there 's a good chance you will still have to pay child support to her.

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