Q: The combined salary of me and my ex wife is more than 141,000. Child custody has not yet been decided but she has temporary custody of the child, I am paying her child support in excess of $1400 per month + child’s day care 60% of monthly expenses (approx $ 900 per month) + Health Insurance for the child. If I earn about 100 k and she earns about 80 k then how will the child support be calculated in case I go for modification.
At the time of child support case, she was not working and later she started working.
A: David’s Answer: That depends – when was the child support last set? If it was just recently set (or within the last 3 years), then you’d generally need to satisfy a standard of “substantial change of circumstances.” If she’s had a change of income of more than 15%, then you would presumptively appear to satisfy that standard. You should schedule a consult with a White Plains Child Support attorney for a full assessment. – David Bliven, Westchester Child Support Attorney, (www.Blivenlaw.net)