What can I do if I can't afford the child support?
I was told that I need to pay an amount for child support every month that I can not afford- what can I do? I am not trying to get out of paying, I simply want to pay what I can logically afford while still trying to make a living.
Answered By: The McDonnell Law Firm, PLLC
Child support is statutory, based on the Child Support Standards Act. (17% for 1; 25% for 2; 29% for 3, etc) I don't know your circumstances on why you can't afford this. If you had them, it may cost you even more to care for them. You can always petition Family Court for an adjustment if you think it appropriate. Good luck.
Answer Applies to: New York
Replied: 10/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Theodore W. Robinson, P.C.
Sorry to tell you, but the Legislature in its wisdom made that decision for you and set the amount as a percentage of what you earn and how many children you have to support. It basically felt that if you could afford them while you were married, you need to do the same now that you're no longer married. They feel that the children should not suffer because you claim you cannot afford to pay for them what the Legislature dictated. On the other hand, if you have had a change of circumstances that may provide you with some relief and you may always seek a downward modification of child support through the courts or separately with your former spouse. The problem is they are usually pretty unyielding and unconcerned about your personal needs when it comes to child support. Unfortunately, it can sometimes turn into a nightmare for supporting parents. You may wish to make an appointment for a consultation with an attorney to learn more about the specifics. Good luck.
Answer Applies to: New York
Replied: 10/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: David A. Browde, P.C.
The first question is: who told you? Child support is set using guidelines in a section of law known as the Child Support Standards Act. The law is not inflexible, and under some circumstances there can be substantial deviations from the amounts set in the law as the "presumptive" percentages.
Answer Applies to: New York
Replied: 10/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 10/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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