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="http://www.LouisLSternbergLaw.com">Please visit us on the web.</a>
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.
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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 Your online research is not only out of date but fails to reflect the exception to the old rule which is commonly applied by courts in wealth counties.
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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%.
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This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.