Wednesday, April 23, 2014

Child Support ! What happens with child support when one kids lives with mother and one with me please help !

Q:  I currently pay $905.80 a month , 25% Percent for 2 child that live with there mother, My son will be 18 soon and has decided to move with me when he graduates. I'm trying to figure out what happens with support. I know I need to file for a downward modification from the 25 % to 17%. But now will the mother be responsible for 17% of the 18 years old. Last I knew she only makes about 16,000 a year. Does the judge consider that she is low income ? Or does she have to pay regardless? Both my children are under my medical plan, I used to pay 52.00 a week for family plan when first divorced. Now my medical is 152.00 weekly. My new wife and new child are under this plan also. Will There be an adjustment based on the increase ?

Additional information
because of the self reserve support will the judge consider that the mother only works 20 hours instead of 40 my kids are 18 in a month and 14 it's not like they are young and she needs to be home all day

A:  David's Answer:   If there is a split custody situation, then the Court will generally order you to pay 17% for the child in her care, and order her to pay 17% for the child in your care. Moreover, if she's only working part-time, the Court may impute income to her as if she's working full-time. Also, you should get a letter from the insurance company specifying the extra cost to cover the subject children. Schedule a consult with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

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