Child Support Questions

[TPK]

Hi Soc.


Currently I am paying X amount of dollars to spouse for CS. This amount was determined by her & my attorney. It is not court ordered yet. The judge did ask me how much I make and I gave her a number as to what I made last year (2003).

After court the attorneys hammered it out.

Being that I own an "S Corp" the profits of my company are tacked onto my earnings and I pay taxes on it. Apparently it's cheaper for me to pay the taxes rather than the company (accountant advice).

After going over the numbers for the 2004 tax year I see sales were about $50K less than the year before.

It seems that my salary would change almost every year based on this, unless the profit stayed the same each year.

I'll know for sure what my salary was in a month once the accountant tackles the books.

1. If there is a change in my salary can I recalculate my CS??

2. Can I get away with reducing CS if it's not court ordered yet or will I have to do so in court??

3. Correct me if I am wrong about this not being court ordered yet and if what I told the Judge I made ($$) would be "minute orders"

4. If no court order than I can't be held in contempt if I change the CS?

We have not been back to court since mid Jan 2005 and the motion to transfer to Ulster County has been filed to be heard today. It has been difficult to get in touch with my NY attorney to ask questions.

Thanks

TPK

[socrateaser]

>Being that I own an "S Corp" the profits of my company are
>tacked onto my earnings and I pay taxes on it. Apparently it's
>cheaper for me to pay the taxes rather than the company
>(accountant advice).
>
>After going over the numbers for the 2004 tax year I see sales
>were about $50K less than the year before.
>
>It seems that my salary would change almost every year based
>on this, unless the profit stayed the same each year.
>
>I'll know for sure what my salary was in a month once the
>accountant tackles the books.
>
>1. If there is a change in my salary can I recalculate my
>CS??

Yes.

>
>2. Can I get away with reducing CS if it's not court ordered
>yet or will I have to do so in court??

Yes, but the court will view you as trying to avoid supporting your children, and that will cause every subsequent ruling to go against you.

>
>3. Correct me if I am wrong about this not being court ordered
>yet and if what I told the Judge I made ($$) would be "minute
>orders"

What you told the judge is called an "admission," i.e., a statement by a party against their own interest, and as such it is presumed to be true, unless rebutted by later evidence.

The court can use such an admission to find your income to be what you stated, and then calculate support based upon your admission.

>
>4. If no court order than I can't be held in contempt if I
>change the CS?

No you can't be held in contempt, unless the judge actually ordered support from the bench, which would be in the minute orders, but as I said, the court will use your admission to assess CS, and it will find that you are not acting in good faith, and subsequent rulings will all go against you.

So, I wouldn't do dat!

[TPK]

Soc,


I can't see how the court would frown upon me if I presented documentation of my earnings.  I'm not trying to avoid paying, I want to pay what is "required" and no more.

When I told the Judge what I made for 2003 I knew full well that the figure would be different for 2004. Judge wasn't ordering it from the bench, so I figured I'd present proper documents when we started the divorce trial. Judge was transferring venue anyway, so why even bother explaining $$ will change, she's not hearing the case.

Not knowing NY law, I have a few more questions.

1. How often can wife take me back to NY court for re-evaluation of CS?

As I said, my salary can change from year to year.

2. Does % of parenting time matter at all in determining CS?

Ie. she has her 80% I have her 20%


Wife still won't do the separation agreement I had offered. She seems to think we only have "one day of court left". I told her that was unrealistic and that this trial could drag on for months. Her grounds were cruel & inhuman treatment. I told her she'd have to prove those grounds and she didn't think she'd have to.

If she goes on the witness stand she's gonna crack, she's still an emotional mess. Probably good for me though.

One issue I have is that I'm doing all the transportation right now. Someone suggested that the NCP would do all the trans if I was the one who left.

We did live in NJ, she left NJ for NY and I submitted to NY jurisdiction. I never lived in NY so I don't feel like I "left".

4. Will I have a problem getting her to do 50/50 on the transportation or is that pretty standard?

Thanks

TPK

[socrateaser]

>>1. How often can wife take me back to NY court for
>re-evaluation of CS?

I don't know. Sorry. NY specific. Some states have fixed time periods, others merely state that there must be a "material change" in financial circumstances, which theoretically, could be one penny per pay period.

I don't have time to do research at the moment.

>
>2. Does % of parenting time matter at all in determining CS?
>
>Ie. she has her 80% I have her 20%

Also NY specific, but I believe that NY is an "income shares" jurisdiciton, therefore both parent's income has an effect. However, my experience in this area is that until you get to around 60/40 the guidelines heavily favor the primary custodian, regardless of the jurisdiction. 20% is practically 0% for guideline purposes.

>4. Will I have a problem getting her to do 50/50 on the
>transportation or is that pretty standard?

NY specific. The fact that she left is relevant, but I think you'll find that if you're looking for a big monetary break on the transportation, that you can forgetaboutit. If you're looking for her to drive half way, then you may get your wish.

Trouble is, transfer points are frequently used by parents to frustrate custody (you weren't there on time, the kid's too sick to travel, yadayadayada).

[TPK]

>>
>>2. Does % of parenting time matter at all in determining CS?
>>
>>Ie. she has her 80% I have her 20%
>
>Also NY specific, but I believe that NY is an "income shares"
>jurisdiciton, therefore both parent's income has an effect.
>However, my experience in this area is that until you get to
>around 60/40 the guidelines heavily favor the primary
>custodian, regardless of the jurisdiction. 20% is practically
>0% for guideline purposes.

1. Not sure if you can answer this one without knowing NY law. How possible/impossible would it be to get 60/40 at the present time??

2. Would a non NY resident like myself have less of a chance to even get 60/40?



>
>>4. Will I have a problem getting her to do 50/50 on the
>>transportation or is that pretty standard?
>
>NY specific. The fact that she left is relevant, but I think
>you'll find that if you're looking for a big monetary break on
>the transportation, that you can forgetaboutit. If you're
>looking for her to drive half way, then you may get your
>wish.
>


I'm not looking for any break dollar-wise on the trans. Halfway is fine with me.

Problem is that I'm in the process of looking to relocate to Pa. and I'm not sure if that will interfere with a "halfway point" that would have already been established with our current NJ/NY situation.

Where I plan to move is roughly the same distance that it is now, but a halfway point now would be further travel time for me coming from Pa.

Thanks

TPK

[socrateaser]

>1. Not sure if you can answer this one without knowing NY law.
>How possible/impossible would it be to get 60/40 at the
>present time??
>

I mentioned this in response to one of your original postings. Rule #1 in family law: Whoever has the kids, wins. She has the kid. You can spend loads of money trying to prove that you are the superior parent, but unless you can show that she is affirmatively acting against the child's interests, then you will lose, because the court will seek to maintain the "status quo," which is: she has the kid.


>2. Would a non NY resident like myself have less of a chance
>to even get 60/40?
>

I doubt that this is an issue, because she left the jurisdiction. However, if you were actually living in NY, your chances would rise -- not enough to win primary custody, in my opinion. In order to do that, you must show that the mother harms her child, either physically or emotionally, and with regularity. If you cannot, you will spend a fortune and lose.

>Problem is that I'm in the process of looking to relocate to
>Pa. and I'm not sure if that will interfere with a "halfway
>point" that would have already been established with our
>current NJ/NY situation.

I wouldn't move until the entire divorce were complete, if you're trying to obtain custody, unless you're moving into the county where the mother lives. Otherwise, wherever you move, you will be giving the court evidence that she is providing a stable environment, and you are not.

[TPK]

>>1. Not sure if you can answer this one without knowing NY
>law.
>>How possible/impossible would it be to get 60/40 at the
>>present time??
>>
>
>I mentioned this in response to one of your original postings.
>Rule #1 in family law: Whoever has the kids, wins. She has the
>kid. You can spend loads of money trying to prove that you are
>the superior parent, but unless you can show that she is
>affirmatively acting against the child's interests, then you
>will lose, because the court will seek to maintain the "status
>quo," which is: she has the kid.


I think we both misunderstood each other on this. I had thought you meant I would have the 40 and she'd have the 60.

I had thought by having the 40 it would impact the CS paid.

I am not going for physical custody, I gave up hope on that already.
>
>
>
>I wouldn't move until the entire divorce were complete, if
>you're trying to obtain custody, unless you're moving into the
>county where the mother lives. Otherwise, wherever you move,
>you will be giving the court evidence that she is providing a
>stable environment, and you are not.

I have to move soon, we're eyeing a building that we want to buy for the business. From what you're saying it seems that this won't have any impact UNLESS I was trying for physical custody.


Thanks

TPK

[socrateaser]

>I think we both misunderstood each other on this. I had
>thought you meant I would have the 40 and she'd have the 60.
>
>I had thought by having the 40 it would impact the CS paid.

I'm sure that it will have an impact, but it will seem unfairly small -- that is my experience.

>>I have to move soon, we're eyeing a building that we want to
>buy for the business. From what you're saying it seems that
>this won't have any impact UNLESS I was trying for physical
>custody.

Minimal.