Q: I want to put the father of my child on child support I’m just wondering what are the factors that go into making the decision. I have texts from him saying “he rather pay child support” because its less money apparently, but he doesn’t put in much money to begin with I feel like that was just a way to scare me? Can I use those texts against him? He makes about $20/hr full time & now I’m really wondering if I would get anything from child support because he told me he wouldn’t give me more than the child support if I take him.
A: Rarely do courts deviate upwards from the guidelines. Moreover, there is a presumptive cap on income of $148,000 (as of this writing 1/18/20). There are numerous other factors used in deviating from guidelines – check out my Legal Guide here: https://www.avvo.com/legal-guides/ugc/what-are-the-factors-in-deviating-from-guidelines-child-support-. Schedule a consult with a Bronx Child Support attorney for a full assessment.