NY Step mom's - a c/s question

K-I-S-S-I-N-G · January 2009

I have trouble finding anything on the laws in NY. Do you know if CS can be reduced due to DH and I having children? My SD is 9, our DS is almost 3 and we have another on the way. We pay A LOT in child support and I know states vary on this. I feel that it should, I mean in a "normal" family you do not support your first born more heavily than your other children because you "owe" them for being first and you "knew your responsibility to them." If anything our subsequent children are getting the shaft because so much of our net income is allocated to cs. NY is crazy (child support til 21, what???!!?!) So I am assuming they don't care about subsequent children, I was just wondering if anybody knew.

xmaryrickx · January 2009

According to this website they do consider how many children you have. However, I would imagine that they do look favorably on people who try to reduce CS because they have had more children.

MrsBPO · January 2009

The child support calculators don't have an allowance for them, and this website doestn't show subsequent children as a reason for allowance reduction. https://newyorkchildsupport.com/non_custodial_parent_info.html#change_amount However, you can petition every two years for a change in support, or if there is a change in lifestyle (loss of job, income, etc.) I assume that having a child would be considered a change of lifestyle, not to mention a change in "number of children."

You might want to check with an attorney, however. I've heard of instances (don't know if NY is one of them) where subsequent children are "not an excuse for lowering child support for a child already born and used to the standard of living the current support allows." Yada yada yada

MimiUVIbride · January 2009

I think the CS would be reduced based on the number of children you have. The more children, the more that require support so if his pay hasn't changed but your family size has it should be reduced.

shaysmom05 · January 2009

I don't know how it works in NY, but it TX it is taken into consideration. DH was paying 20% before DD was born. Now he pays 17.5%. Sorry I couldn't be of more help.

SUwife · January 2009

DH's uncle had to pay CS until his daughter was 24, it was insane (here in NY). My understanding is you can't request to have CS recalculated just because you had a baby (if your DH lost his job or something he could try), but if BM refiled, then your child would be taken into account.

Serendipity07 · January 2009

Most states do take it into consideration - all children have needs - not that it's ok for someone to go buckwild and have like 20 kids or anything...but I don't believe anyone should be forced to "not have anymore kids" because they're paying an outlandish amount of CS (like in my situation)

We'd already re-registered our CS order and have been well on our way to trying to modify it for almost a year now. We're finally going to court in Feb over it. We tried to settle with BM out of court over the summer but she wouldn't - and in that time frame, I got pregnant and am almost 6 months aong now. So, as our attorney said, it just works out that the court will need to take this new child into consideration as well...had BM settled with us months and months go like we'd asked, this wouldn't be an issue, but now I'm also concerned for my own child's well being and they shouldn't be short changed due to BM's greediness.

odear · January 2009

xmaryrickx:
According to this website they do consider how many children you have. However, I would imagine that they do look favorably on people who try to reduce CS because they have had more children.

I think it is a pretty big stretch that a judge would automatically assume that they are only having children to reduce the CS amount.

Now if she went and had 8 embyos implanted.....;)

pillowbling · January 2009

https://newyorkchildsupport.com/custodial_parent_info.html#amount

You'd have to go before a Family Court Judge and appeal to them to have the amount reduced. I presume that you'd have to wait until your new baby is born (since that's when you'd really start paying for him/her). Good luck!

pillowbling · January 2009

I don't know about your situation, but my SIL splits custody of her SD with the other parent so neither of them have to pay child support. Obviously depending on the relationship with your SD's mother, this may not be an option.

flyingsaucer · January 2009

No. The court does not really conisder this. I think its 17% for 1 kid and 20something for 2?

agoodthing · February 2009

Congrats on your new pregnancy. I am not a NY stepmom, but I was a New York stepdaughter. This may not be the case anymore, but I remember when my sister was born to my dad and stepmother, my dad went to court to reduce his child support. The judge said- you knew you had this child already when you decided to have more children.

At the time, I was happy because I saw it as more money for me and mommy, where my loyalty was, although I realize now that my mom should not have involved me in this. Because my dad and stepmom never expressed to me that I was too expensive.

Who knew I'd be a stepmother some day and understand both sides! You shoudlnt have to have a raise to have more children. You just spread the money around differently.

I think some of this thinking is based on a stereotype of the financially secure man starting a "new" family, leaving behind a struggling single mom.

My mom went further in her career than my stepmom and made way more than my stepmom. I wonder if my dad and stepmom ever resented that I went to private school or the vacations my mom and I took while they had a tight budget. My mom never asked for an increase as I got older but she certainly fought that decrease. Ok I'm off to analyze my life now! lol

Want a personalized experience?

NY Step mom's - a c/s question

Re: NY Step mom's - a c/s question

Choose Another Board

Search Boards