CS Question, NYS
I'm sure this has been asked before, but my SO and I have been talking about marriage. Thanks to advice from here we are working on our finances and some other things before we even get engaged.
Anyway, in NYS, is the step parents income included in the calculation of CS? I am the main bread winner and I would hate for my income to be included in CS. I have tried to google and haven't found that it is, but you just never know.
- FTMandSM's blog
- Log in or register to post comments
Comments
Thanks tog! I was hoping that
Thanks tog! I was hoping that it wasn't!
We are ddouble checking
We are ddouble checking everything before we do anything. Better be safe than sorry.
Do you mean if the Custodial
Do you mean if the Custodial parent is trying for a hardship exemption? And what exactly is a hardship exemption?
+k! Thank you!
+k! Thank you!
Hmmmmmm....SD is on Medicaid
Hmmmmmm....SD is on Medicaid insurance.
Oh I see! Thanks for your
Oh I see! Thanks for your help! The NYS website that has info on CS is that user friendly. BM hasn't taken SO to court yet. He does pay her an agreed amount. I am not sure if she will or not. Maybe if she finally decides to move out of her parents house. I hope she doesn't cause that's probably our saving grace.
I have heard of 17% being the
I have heard of 17% being the base for one child. And then they factor in expenses, incomes of both bioparents, medical expenses, etc.
Annnnnndddddd that's why I
Annnnnndddddd that's why I will NEVER EVER EVER marry biodad!!
Looks like we may need to
Looks like we may need to talk to an attorney. I certainly wouldn't want BM taking our marital assests. There are so many little things.
Holy shit 40%!! How does the
:jawdrop: Holy shit 40%!! How does the dad survive? That's just crazy!!
For college, they consider
For college, they consider it.
NYS is now an equitably distribution state, which makes things slightly tricky. Although DH and I live in NY, BM filed in another state and he's under their jurisdiction, I am not, so i have one more level of protection from this.
This is information on equitable distribution, and I would imagine by law it also applies to CS cases.
http://www.divorcenet.com/states/new_york/nyfaq04
If you guys are going to buy a house, do it before you're married and put it in your name only. Whatever he contributes should be considered rent. This is how we did it, although since I'm the main breadwinner, DH doesn't contribute much to the household maintenance. Just groceries, health insurance, and BD's things. I had 2 properties before we married, those remain mine. My third property I acquired during marriage came from an equity loan of one of my other properties--that, and inheritance, is the only way it will still remain mine. Also, if you have a prenup or postnup concerning each of the properties.
They cannot go after YOUR assets. They can only go after assets available to the NCP, and if it's not marital assets, it's not, by law, available to your SO.
Thanks everyone for the
Thanks everyone for the advice and links. This is a lot to keep in mind and consider.
In my case BM tried to add my
In my case BM tried to add my income from our joint tax return ( don't do what we did, file separately!!) last year - she submitted paperwork to court, her inane calculations, that showed CS from income she calculated from both DH's W2 and from mine! She knew very well that he only works ONE job and that i have TWO kids. It mattered not at all to her. Her need to have more money trumps everything! I am not even sure i am able to find it funny now, after the court threw her math out, and kept DH's CS what it was plus CPI.
To add melodrama to the cold discussion of numbers and percentages: as I see it, she was trying to rob my children of my earnings after i have welcomed her brats into my home. She is such a pathetic creature, vile and dangerous. If yours is anything like that, you need to protect yourself.
As an aside, my kids have a SM too. I cannot imagine going after her money. She owes them nothing.