Friday, February 20, 2015

How much maintenance and child support can be legally deducted in New York State?

Q:  My fiancĂ© is divorced. His ex wife has been cohabiting wih her boyfriend since May 2014 but they are not yet holding themselves out as husband and wife. He was awarded a $500/month modification but still pays his ex wife 88% of his salary for maintenance and child support. He works approximately 60-70 hours a week, and in addition pays for health insurance for boh children and for college, auto and cell phone costs for his older child. His ex wife is perfectly capable of working yet refuses to do so. Her boyfriend is paying the bills on the house my fiancĂ© built and she continues her excessive lifestyle. Are there laws in place that state what percentage of someone's income can be legally drawn for maintenance and child support? He even had to declare bankruptcy. It doesn't seem kosher.

A:  David's Answer:  Yes, there are guidelines for child support & maintenance in NY. You can access the child support calculator here:, and the maintenance calculator here: And while the maintenance calculator only technically governs interim maintenance awards, it nevertheless put you n the ballpark of what the court will award either on a final order or post-judgment determination. Schedule a consult with an Orange/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (

Wednesday, February 11, 2015

How to get court to have custodial mother document actual working hours.

Q:  I have reasons to believe the Custodial Mother (CM) is submitting fraudulent expenses for daycare (of which I have a pro-rata share of 57%) Daycare provider is a neighborhood minor, not a licensed provider or facility. Have been unable to make contact with provider to verify hours/days. 

CM has testified in earlier proceedings her employment is itinerant in nature, without set days or hours. Can she be compelled to provide verification from her employer to accompany daycare expenses? Would I do this by Order to Show Cause, or a Modification Support order? Can I request that all daycare expenses be paid by check and only reimbursed when accompanied by cancelled check AND verification of days/hours worked? Am a pro-se Non Custodial Dad.

A:  David's Answer:  The Court wouldn't generally "require" her to produce certain kinds of evidence. That's on you to request, either by subpoena or disclosure demands. You would do so within the context of a modification proceeding. Schedule a consult with a Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (