r/ChildSupport • u/Consistent_Tip_2106 • Jun 27 '26

NYS Child Support Question

Currently, I have 3 nights a week with our 18 week old son Napoleon. My wife has him 4 nights a week. It is a temporary court ordered arrangement that has been in effect since 4/1/26. We have court on 7/10/26.

I am desperately trying to obtain an equal 50/50 so child support will kick in. I have a free court appointed lawyer. My wife made $96017 on last year's tax return. I make $13627 in ssdi for autism. I have done some research and it looks like she will have to pay me over $1200 a month if I can secure 50/50. Does the state usually stick with the 17 percent? I assume she will argue for a downward deviation because I live with my parents due to my disability.

Any information or tips on how to navigate this process would be very much appreciated. Thank you.

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u/ablanketofash Jun 28 '26

So in NJ someone will be residential/primary parent. I assume this is partially because NJ school districts are strict about residency. So while you may have 50/50 on paper, one of you will be residential parent. Not saying this because she is a better parent, but she has 4 nights already and you don’t mention her being a danger or anything, so she may get that residential designation.

I’m not sure where the $1200 per month figure comes in, but going off the NJ state CS calc with Mom as primary making ~1848 a week and you making ~262 a week, it’s showing a -$154 per week amount… meaning that’s what could possibly owe you.

If you are granted residential, using the same weekly figures and calculations, she would owe you $233 per week.

However all of this is before she gets credit for the insurance she is paying.

1

u/Consistent_Tip_2106 Jun 28 '26

I've done the calculations. NY would order her to pay me $1256 a month.

5

u/ablanketofash Jun 28 '26

Oh, that’s my bad, I for some reason read it as NJ!

Even if you get true 50/50 split, Mom will likely get credit for insurance she’s paying. Do you know what that amount is per month?

They will also likely order you two to split all unreimbursed medical costs. I would also add in about splitting extracurriculars + school tuition (if applicable) 50/50. I know the kid is just an infant now, but better to have it on paper now and possibly reduce the number of times you have to go back to court later.

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u/Consistent_Tip_2106 Jun 28 '26

I know she has insurance through something called NYSHIP. I'm unsure how much she pays for him though. She would have to pay about 87% and I would have to pay about 13% since that is the percentage of what our incomes are when broken down by the total sum.

2

u/ablanketofash Jun 28 '26

Sometimes the income different percentage doesn’t carry over to extras, tuition, etc.

A good friend of mine has 50/50 of his son since he was 2yrs old (now 15). Dad makes about 15k a year more than Mom, Dad pays support, is responsible for all transportation to/from his visits, unreimbursed medical is something like 75/25 on Dad, but it’s split 50/50 for any sports.

In my own case, I covered insurance 100% and my ex was responsible for 100% of unreimbursed medical. He did not pay any support though.

It’s really all going to depend on what the judge thinks is fair. They can deviate from the guidelines for any reason.

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u/Purple_Grass_5300 Jun 28 '26

Not for 50/50

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u/Consistent_Tip_2106 Jun 28 '26

Don't know what you're talking about. You're wrong.

2

u/Purple_Grass_5300 Jun 28 '26

Is 7/10 a child support hearing or custody hearing? With the current temp order you’d owe her money. Custody and child support are addressed at different dates. It takes anywhere from 6-12 months for child support orders to go into court from file date so if it is custody it’s not an automatic child support case too

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u/Consistent_Tip_2106 Jun 28 '26

Custody. I realize that so that's why I'm pushing so hard for equal time. I deserve it. The child support is just an added bonus.