My question involves child support in the State of: NY
My wife and I are separated and I have been giving her money every month to support our child.
She wouldn't agree to anything custody-wise with me, everything is her way or no way. So I filed for joint custody, that is ongoing and only in the beginning stages, I doubt it will be decided for a while. In the meantime I don't want to play tug of war with our kid so i am leaving the arrangement she dictated as is for now.
Because of the of the arrangement, mom does have our kid the majority of the time so I am giving her money for support, but it is NOT through a court order, but morally and for our child I know I need to provide financially. The thing is she is asking for X amount, which is above what I can afford from my income.
I have been giving her the amount shes asked for for about a year and a half, this was mostly from savings but now that has dried up. I live paycheck to paycheck, and now I have fallen behind on the X amount shes asked for. Also in addition to the money I have been giving her I also do provide for daily expenses during the school year. It is not like i only give money and feel my job is done.
I have no problem paying support for our child but the amount I have been paying is above what I would be required to pay from a court order, as it is not 17% of my income, it is more like 35%. I believe the standard 17% in our state is fair, but i'm pretty sure she would not agree to this without going to court. I wish we had done things through the court to begin with but I can't turn back time.
If I do file for a court order support on myself, well, is that even possible? I would like everything to be legally in place as it could come directly out of my paycheck and there would be no issue of what I owe her.
Would I look like a complete a-hole for requesting that the support be court ordered? When I have brought it up to her she basically says I am a terrible dad who needs a judge to tell me to pay my kid. But I just want everything to be legal and fair. Will the custody judge think the same as she is thinking?
Also would we need to settle custody first before the child support can be determined?
My issue is that if we do have to wait for custody to be determined, and I am giving her a payment lower than what she wants, she will have a fit and create more drama between us and possibly not let me see our kid as she has done so in the past when she gets angry at me.
If it is possible for me to request that I pay child support to her at the state's standard through the court, which form would pertain to that? These are the forms available through the court website, I have linked the one I *think* I should be using, but I am not positive. Any advice or suggestions would be appreciated.
http://ift.tt/1X60EJH
http://ift.tt/1IzfIVq
My wife and I are separated and I have been giving her money every month to support our child.
She wouldn't agree to anything custody-wise with me, everything is her way or no way. So I filed for joint custody, that is ongoing and only in the beginning stages, I doubt it will be decided for a while. In the meantime I don't want to play tug of war with our kid so i am leaving the arrangement she dictated as is for now.
Because of the of the arrangement, mom does have our kid the majority of the time so I am giving her money for support, but it is NOT through a court order, but morally and for our child I know I need to provide financially. The thing is she is asking for X amount, which is above what I can afford from my income.
I have been giving her the amount shes asked for for about a year and a half, this was mostly from savings but now that has dried up. I live paycheck to paycheck, and now I have fallen behind on the X amount shes asked for. Also in addition to the money I have been giving her I also do provide for daily expenses during the school year. It is not like i only give money and feel my job is done.
I have no problem paying support for our child but the amount I have been paying is above what I would be required to pay from a court order, as it is not 17% of my income, it is more like 35%. I believe the standard 17% in our state is fair, but i'm pretty sure she would not agree to this without going to court. I wish we had done things through the court to begin with but I can't turn back time.
If I do file for a court order support on myself, well, is that even possible? I would like everything to be legally in place as it could come directly out of my paycheck and there would be no issue of what I owe her.
Would I look like a complete a-hole for requesting that the support be court ordered? When I have brought it up to her she basically says I am a terrible dad who needs a judge to tell me to pay my kid. But I just want everything to be legal and fair. Will the custody judge think the same as she is thinking?
Also would we need to settle custody first before the child support can be determined?
My issue is that if we do have to wait for custody to be determined, and I am giving her a payment lower than what she wants, she will have a fit and create more drama between us and possibly not let me see our kid as she has done so in the past when she gets angry at me.
If it is possible for me to request that I pay child support to her at the state's standard through the court, which form would pertain to that? These are the forms available through the court website, I have linked the one I *think* I should be using, but I am not positive. Any advice or suggestions would be appreciated.
http://ift.tt/1X60EJH
http://ift.tt/1IzfIVq
Establishing an Order: How to Get Request That I Pay Child Support Through the Court
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