Does this make sense? NY Child Support

[BL]

I know this is going to sound a bit koo-koo, but i don't really trust the state to, not just do the math correctly, but to include all of the deductions and additions that are needed to get to the correct number. This is part of the reason we get lawyers, not just to keep things far between the petitioner and defense, but to make sure everything is considered by the Judge. I COULD just leave this to my lawyer, BUT, an informed/prepared client is what makes a good lawyer great

You originally stated you had an original ORDER.

Next time I'm quoting posters.

Now if you bring a modification agreement before the court , the court does NOT have to accept it ,and can make an order of their own.

Have you even done the calculator ?

 

[longislandguy]

You originally stated you had an original ORDER.

Next time I'm quoting posters.

Now if you bring a modification agreement before the court , the court does NOT have to accept it ,and can make an order of their own.

Have you even done the calculator ?

I don't have an original order, Child support has never been ordered, or even requested before. I have an original order of Visitation, maybe thats where the confusion came in?

I calculated it using this worksheet, but it doesn't account for health care provided by the NC parent.
http://www.nycourts.gov/divorce/forms_instructions/ud-8.pdf

 

[CJane]

I know this is going to sound a bit koo-koo, but i don't really trust the state to, not just do the math correctly, but to include all of the deductions and additions that are needed to get to the correct number. This is part of the reason we get lawyers, not just to keep things far between the petitioner and defense, but to make sure everything is considered by the Judge. I COULD just leave this to my lawyer, BUT, an informed/prepared client is what makes a good lawyer great

And a client who doesn't trust his attorney is a terrible client. The state has guidelines. They have a spreadsheet they will plug the numbers into (and it's likely your attorney does as well), and viola! child support owed. Yes, a judge will have some discretion in altering that amount, given special circumstances, but seriously - "I don't trust the state to do it right" is pretty stupid when you've involved the state in your life already.

 

[longislandguy]

And a client who doesn't trust his attorney is a terrible client. The state has guidelines. They have a spreadsheet they will plug the numbers into (and it's likely your attorney does as well), and viola! child support owed. Yes, a judge will have some discretion in altering that amount, given special circumstances, but seriously - "I don't trust the state to do it right" is pretty stupid when you've involved the state in your life already.

I respectfully disagree with you CJane, I believe it's important to have 'all my ducks in a row' when i get into court. That includes having fully researched everything I can and having as much paperwork prepared and available as possible. IMO, walking into court telling the judge 'you figure it out' is a recipe for disaster.

 

[Just Blue]

I respectfully disagree with you CJane, I believe it's important to have 'all my ducks in a row' when i get into court. That includes having fully researched everything I can and having as much paperwork prepared and available as possible. IMO, walking into court telling the judge 'you figure it out' is a recipe for disaster.

But you are asking the members here to do the "research" for you. By all means! Get you duck and row it to an attorney to assist you.

 

[longislandguy]

But you are asking the members here to do the "research" for you. By all means! Get you duck and row it to an attorney to assist you.

Actually, i'm working on that between posts I'm trying to figure out, in NY, what would be considered, "Reasonable future health care expenses not covered by insurance" as listed in the worksheet. I'm going to try averaging the last two years of out of pocket insurance costs and see where that gets me. The average of Actually costs for daughter for 2013 & 2012 is $2,701.45 with 35% being $945.51 and 65% being $1,755.94.

Base ChildSupport - $5,534.03
Out of Pocket(35%) - $945.51
Totals - $4,588.52 or $382.38 a month

 

[LdiJ]

Actually, i'm working on that between posts I'm trying to figure out, in NY, what would be considered, "Reasonable future health care expenses not covered by insurance" as listed in the worksheet. I'm going to try averaging the last two years of out of pocket insurance costs and see where that gets me. The average of Actually costs for daughter for 2013 & 2012 is $2,701.45 with 35% being $945.51 and 65% being $1,755.94.

Base ChildSupport - $5,534.03
Out of Pocket(35%) - $945.51
Totals - $4,588.52 or $382.38 a month

Again though, that would be on top of child support, not a deduction from child support. Out of pocket medical expenses are always on top of child support.

 

[longislandguy]

Again though, that would be on top of child support, not a deduction from child support. Out of pocket medical expenses are always on top of child support.

How would that work? Would the Custodial Parent just pay me cash for the out of pocket expenses? She doesn't really have child support to add out of pocket on top of

 

[LdiJ]

How would that work? Would the Custodial Parent just pay me cash for the out of pocket expenses?

I am not quite sure how that would work with the HSA. However, yes, if ultimately you are paying the out of pocket costs, then it would be up to the other parent to reimburse you their share.

 

[BL]

Actually, i'm working on that between posts I'm trying to figure out, in NY, what would be considered, "Reasonable future health care expenses not covered by insurance" as listed in the worksheet. I'm going to try averaging the last two years of out of pocket insurance costs and see where that gets me. The average of Actually costs for daughter for 2013 & 2012 is $2,701.45 with 35% being $945.51 and 65% being $1,755.94.

Base ChildSupport - $5,534.03
Out of Pocket(35%) - $945.51
Totals - $4,588.52 or $382.38 a month

Ultimately the court will decide separately from child support monitary amounts , the health care issue.

BTDT

 

[longislandguy]

I am not quite sure how that would work with the HSA. However, yes, if ultimately you are paying the out of pocket costs, then it would be up to the other parent to reimburse you their share.

That will be an issue, ex has said on several occasions "If you would just leave I could put "Our daughter" on Medicaid and it wouldn't cost anything" and has completely refused to put anything towards health care for the last 8 years

 

[CJane]

That will be an issue, ex has said on several occasions "If you would just leave I could put "Our daughter" on Medicaid and it wouldn't cost anything" and has completely refused to put anything towards health care for the last 8 years

There hasn't been an order requiring her to.

Look, USUALLY, one parent is ordered to provide health coverage. That parent may or may not get a credit towards their child support for that, but even when they do it's rarely a dollar for dollar credit like you're trying to have done. And then, the parents are ordered to split out of pocket expenses based on some percentage. Again, this is outside child support.

If you think a 65%/35% split is fair, great. Have it put in the order that you will present Ex with any receipts showing your out of pocket expenses within 30 days, and she has 30 days to reimburse you the 35% that she owes. Easy peasy. But it's not a credit to support - ever.

Most of the time, unless there's a known preexisting condition (think diabetes requiring a pump or testing supplies), there is not going to be any dollar amount to enter into the "future medical expenses" line. Just because a line is there doesn't mean it needs a value entered.

 

[BL]

That will be an issue, ex has said on several occasions "If you would just leave I could put "Our daughter" on Medicaid and it wouldn't cost anything" and has completely refused to put anything towards health care for the last 8 years

Oh brother , you need more than an advice forum.

"If you would just leave I could put "Our daughter"

Now edit that one .

What kind of game are you trying to play ?

Not going to work in your favor.

 

[longislandguy]

Now edit that one .

What kind of game are you trying to play ?

Not going to work in your favor.

Put "Our daughter" in as a replacement for daughters name

 

[BL]

Put "Our daughter" in as a replacement for daughters name

How about this ?

Quit playing on FA forum and talk to a shrink.