My question involves child support in the State of: New York
My wife and I separated in December 2012.
She took our child with her to a new apartment while I looked for a new apartment to live. I figured we would work out something civilly once I found somewhere new to live. I agreed to give her $500 a month for our kid. I have paid her 500 a month up until recently I fell behind due to being let go from a job, although I still make payments just not as much.
I never made that much to begin with, and I still do not make a lot. I roughly made/make around $20,000 yearly before taxes. She makes about $50,000 yearly before taxes.
In addition to paying the 500 a month, I also provide private transportation from her school back to her mother's house as there is no school bus.
I of course provide her with food while I am with her, and clothes, toys etc on holidays and her birthday. She has state health insurance so neither of us pay for medical expenses.
Recently I filed for joint custody to finally to finally put an end to our disagreements about where/how our child should be living.
There was NO custody or visitation in place, or any child support order. We are currently still married as well. It is my understanding that we both have equal custody as a married couple with no court order in place.
My question is that pending the turnout of the custody order (she opposes joint custody), if I am to pay back support will this take into account the payments I have already made? I paid her in cash, but I do have text messages dating back to 2 years ago, and recently of her acknowledging the payments that I would give her. Unfortunately this is my only proof, if it is even admissible. Regardless of how the custody turns out I still would want to pay her money each month, but she insists she needs at least 500 each month, which given my income is not how much the state guideline would require.
My wife and I separated in December 2012.
She took our child with her to a new apartment while I looked for a new apartment to live. I figured we would work out something civilly once I found somewhere new to live. I agreed to give her $500 a month for our kid. I have paid her 500 a month up until recently I fell behind due to being let go from a job, although I still make payments just not as much.
I never made that much to begin with, and I still do not make a lot. I roughly made/make around $20,000 yearly before taxes. She makes about $50,000 yearly before taxes.
In addition to paying the 500 a month, I also provide private transportation from her school back to her mother's house as there is no school bus.
I of course provide her with food while I am with her, and clothes, toys etc on holidays and her birthday. She has state health insurance so neither of us pay for medical expenses.
Recently I filed for joint custody to finally to finally put an end to our disagreements about where/how our child should be living.
There was NO custody or visitation in place, or any child support order. We are currently still married as well. It is my understanding that we both have equal custody as a married couple with no court order in place.
My question is that pending the turnout of the custody order (she opposes joint custody), if I am to pay back support will this take into account the payments I have already made? I paid her in cash, but I do have text messages dating back to 2 years ago, and recently of her acknowledging the payments that I would give her. Unfortunately this is my only proof, if it is even admissible. Regardless of how the custody turns out I still would want to pay her money each month, but she insists she needs at least 500 each month, which given my income is not how much the state guideline would require.
Support Arrears: Back Child Support
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