Q: I live out of the state of NY. The CP is on Public Assist, Food Stamps, and Medical and has no job currently or in the past 3 years. I, the NCP, have a decent full time job. However because the CP has no job or will ever get one, I'm force to pay 100% of the "shared expenses", is this correct? Would I get some type reduction in my monthly amount, due to the fact the CP does nothing but collect welfare. I understand that the CP doesn't see all of the money because the State take back a portion of it., but seems unjust if I'm paying a high CS amount in which the CP has to do nothing at all.
A: David's Answer: You would not pay a % of the "shared expenses." Instead, assuming there is 1 child, you would pay 17% of your adjusted gross income. If the result is more than the PA budget for the child, then it makes sense to have the child taken off PA so the money goes directly to the mother than to DSS. Call a Child Support lawyer in the Utica area for more info. -- 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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