Q: I recently filed for child support and my hearing is on November 7th. I tried to work out with my daughter's dad but I am only receiving $30 for health insurance reimbursement and $120 a month for afterschool (essentially $30 a month). He offered an extra $200 a month and suggested I not go to court as they will not make him pay more than he can. We have joint custody but I have my daughter 5-7 days (depending on alternate weekends), I pay for doctor's visits, clothes, food, breakfast/lunch by myself, laundry and anything additional. What should I expect when I go to court? I am nervous about going as I make more than he does but I need help. I cannot do all of this by myself.
A: You should contact a Westchester attorney for a consultation. That said, you must prepare your financial disclosure affidavit and be prepared to present your '11 tax return, W-2 & a recent paystub. Whether you make more than him or not shouldn't matter as a percentage of support will still be based on his income (17% for 1 child, 25% for 2 children, etc.). Another good resource is https://www.childsupport.ny.gov/dcse/home.html. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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