Saturday, May 17, 2014

What line of the W-2 is used to calculate child support? Same for a federal tax return?

Q:  My divorce ended 3 years ago, and my ex would like to increase child support payments. I'll take this opportunity to do a cross-motion requesting I no longer have to pay another 400 each month on half the cost of a babysitter for a 15-1/2 year old. I understand that type of arrangement usually ends when the child is 13. I'll also take that opportunity to have my ex prove there's a need for an increase in child support. Thanks in advance for your assistance

A:  David's Answer:  There is no "one line" of your W-2 to look at, as "adjusted gross income" is defined differently for IRS purposes as opposed to the NYS child support laws. The basic calculation is to start with one's gross income & deduct FICA (which comprises both social security & Medicare tax). One would think the odds are heavily in your favor to get the child care knocked out. That said, if you've had any increase in your income & the divorce (or settlement agreement) is dated more than 3 years ago, your ex would be entitled to an automatic adjustment. Schedule a consult with a Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (

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