Can I give a share of my house as child support NY -House is in the NJ state

[David39NY]

My question is, Can I give a share of my house as child support NY -House is in the NJ state

I do not have income, I have been babysitting my 2 kids (10 and 15 years old) and helping run my wife amazon store (she is the owner of the store) plus her work a teacher.

How much I will have to pay child support? Can I give a share of my house?

 

[Zigner]

If the other party will accept that, sure. I doubt they will, though.
You could sell the house...

 

[David39NY]

She said ,Yes, The house worth around 380k
Why You think she will not accept it? Is not better for her to have the house.
I try to understand the option and risk
Thank You for Your reply

 

[adjusterjack]

She probably already has a marital interest in the equity of the house from the date you were married.

However, you must get that agreement included in your divorce decree and get it approved by the court.

How do you plan on conveying that share?

 

[David39NY]

Yes, the house is her and my 50/50
I do not have plans yet, I was going to get the lawyer to help my sign agreement. I need help what to do.

 

[Just Blue]

Yes, the house is her and my 50/50
I do not have plans yet, I was going to get the lawyer to help my sign agreement. I need help what to do.

What to do?
Seek the advice of a good divorce/family law attorney to see if signing over your interest in the home will forever prevent a Child Support order from being ordered.

 

[Zigner]

What to do?
Seek the advice of a good divorce/family law attorney to see if signing over your interest in the home will forever prevent a Child Support order from being ordered.

That's the thing...it *can't* completely rule out the possibility of future child support, because the court will have jurisdiction of that until the child(ren) in question are emancipated. My (non-attorney) thinking is that the value of the "gift" could be converted to a dollar-figure, then have that dollar-figure applied as a lump sum, so the OP will have a credit in the "ledger," so to speak. Let's assume $120k. So each month, when the other party gets $1,000 (just a number to throw out), that credit is reduced by $1,000. The agreement would also need to have some sort of agreement that any amount left over at the end of the period would be a "gift" to the other party. There could, of course, be tax implications to consider as well...

 

[Just Blue]

That's the thing...it *can't* completely rule out the possibility of future child support, because the court will have jurisdiction of that until the child(ren) in question are emancipated. My (non-attorney) thinking is that the value of the "gift" could be converted to a dollar-figure, then have that dollar-figure applied as a lump sum, so the OP will have a credit in the "ledger," so to speak. Let's assume $120k. So each month, when the other party gets $1,000 (just a number to throw out), that credit is reduced by $1,000. The agreement would also need to have some sort of agreement that any amount left over at the end of the period would be a "gift" to the other party. There could, of course, be tax implications to consider as well...

My thoughts as well. OP would be better off, IMHO, to just place the $$ from sale in an interest-bearing account and pay his CS weekly/monthly from it.

 

[AlmostThere]

My question is, Can I give a share of my house as child support NY -House is in the NJ state

I do not have income, I have been babysitting my 2 kids (10 and 15 years old) and helping run my wife amazon store (she is the owner of the store) plus her work a teacher.

How much I will have to pay child support? Can I give a share of my house?

The bolded speaks volumes - you see taking care of your children while your wife earns a living as BABYSITTING instead of parenting. Will you want parenting time? If so, will you be parenting or babysitting?

 

[zddoodah]

Can I give a share of my house as child support NY -House is in the NJ state

This doesn't make much sense. Are you contemplating that you and your wife will divorce in the near future? If not, what are you talking about? If so, why do you think your divorce will take place in NY if you live in NJ?

I do not have income

Why not?

I have been babysitting my 2 kids (10 and 15 years old)

When they're your kids, it's not called "babysitting," and saying that you're "babysitting" a 15yo, is insulting to the kid.

How much I will have to pay child support? Can I give a share of my house?

These questions don't make much sense. Beyond what I've already mentioned, we have no way of intelligently assessing whether child support would be ordered and, if so, who would pay how much to whom.

With that said, child support is an ongoing, monthly obligation. It's also worth pointing out that NJ is pretty much the worst place in the country to be ordered to pay child support because the obligation can continue well into the child's adulthood. You're certainly free to seek to negotiate a settlement whereby you give up your interest in the marital home in lieu of child support, but merely giving up an interest in property won't satisfy a support obligation absent a further court order to that effect.

 

[David39NY]

I'm sorry I did not know babysitting its bad word/I mean I dedicated my life to raise kids.
I do not have income
Why not? Im asking how much I will pay child support if I do not have income -+

I would like to not to sell house since I want my kids to have house to life in the future . They also like to come to NJ house.
Do not understand me wrong I do want to support my kids -My older daughter in 3 years will be adult.I think is better for her to have a place to life and not pay rent in future

 

[AlmostThere]

I'm sorry I did not know babysitting its bad word/I mean I dedicated my life to raise kids.
I do not have income
Why not? Im asking how much I will pay child support if I do not have income -+

I would like to not to sell house since I want my kids to have house to life in the future . They also like to come to NJ house.
Do not understand me wrong I do want to support my kids -My older daughter in 3 years will be adult.I think is better for her to have a place to life and not pay rent in future

How are you going to support yourself?

If you are not the custodial parent, you should consider that a judge can impute your income to what you can reasonably earn, and support for two children is 25% of gross income.

https://childsupport.ny.gov/pdfs/CSSA.pdf

 

[Zigner]

This doesn't make much sense. Are you contemplating that you and your wife will divorce in the near future? If not, what are you talking about? If so, why do you think your divorce will take place in NY if you live in NJ?

I believe that the OP's wife is not the mother of the children. I could be wrong, heck, it's happened on occasion before

 

[adjusterjack]

Yes, the house is her and my 50/50

Then how can you give her something in lieu of child support when she already has a half interest in that something.

I do not have income

If you become the non-custodial parent, you will have to get a job.

Otherwise child support arrears will accrue with interest for the rest of your life.

 

[zddoodah]

I believe that the OP's wife is not the mother of the children. I could be wrong, heck, it's happened on occasion before

Well...the OP commented an hour after I posted and ignored the questions I asked and provided no clarification of the facts, so....