CS

db1342 · 2025-10-20T20:29:05+00:00

The cap in NY state is fake, they pretty much always use their "discretion" to go over it. Only question is how much. Very judge dependent.

notconvinced780 · 2025-10-20T20:13:20+00:00

Don’t negotiate child support with former spouse as the child support is for the kids and judges throw out that part of a compromise with spouses all the time, with the consideration NOT being reversed. So get the house either liquidated or have ex buy you out and get removed from both title and MORE IMPORTANTLY THE MORTGAGE!! You need off the mortgage so you’ll be able to buy a house in the future. View the $100k as an offset to help fund your child support obligations if you wish.

OctinoxateAndZinc · 2025-10-20T20:00:42+00:00

I don’t want the house she does and can have it it doesn’t feel like my house anymore. (200k equity)

Get your 100k and HOW she does it/takes over the house is NOT your problem.

I basically want to negotiate a lower monthly payment.

Dont trade anything away for no child support or less because either of you can go back and ask for true-up. You can agree on whaever your want and the second the ink is dry on she will refile for a new calc of CS.

Run the calc and make peace with what it says. Get your equity. Dont screw FUTURE you.

Bagman220 · 2025-10-20T17:41:43+00:00

Usually child support is based on the formula. That formula does not take into account the assets or the dissolution of marriage those are separate events. You can’t usually say hey lower my support and I’ll give you more home equity, that might be able to be worked out under the table after the fact. Same goes for parenting time, you can’t say hey I’ll give you more house but I want more or less custody.

A judge can deviate from the formula if there is a reason or an agreement between both parties but usually a judge will not waive child support entirely. So for example “CS is ordered to be XXX based on the state calculation, we ask that this amount be reduced to YYY due to whatever reason” assuming it’s agreed by both parties the judge may approve.

If you have 50/50 physical custody that will significantly lower your CS amount.

Not a lawyer or anything, but went through all this so that’s my 2 cents.

Title	CS
Author	LeatherRisk9868
Upvotes	2
Comments	4
Date	October 20, 2025 5:10 PM UTC (9 months ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1obnvg7/cs/
Archive Link	https://theredarchive.com/r/Divorce_Men/cs.1564561 https://theredarchive.com/post/1564561

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