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Thread: NY child support New York

  1. #1
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    Default NY child support New York

    This is my situation.
    I have been paying $1250 in support a month. My new employer was notified 8 months ago to garnish my paycheck but since I am new to the company I called Child support services and explained to them I will make the payments on my own. I have been making payments every month (as hard as it is) faithfully. I went to family court for a downward modification since I was finding it very hard keeping my own expenses up. The decision came back 5 months later saying I owe 14,000 in arears for when I was unemployed in 2004. I didnt know I was supposed to go to court when I was unemployed and had agreed with my ex that I couldnt make the payments. My fault in that. I payed my september payment of $1250 and child support and child support had moved their offices so my office manager couldnt get in touch with the person she was talking to that I was on time with my payments. So the arrears was tacked onto the payments and increased them to 2,000 a month. Now my office manager is garnishing my check $458 weekly leaving me with $495. My monthly take home is now $1980.00 a month with rent of $1400 a month. Car payments of 412.00+140 cable+190 credit settlement+270 train tickets to get to work+food of 250 a month totals to -862 a month. My take home before all this was $3800 a month. Am I eligable for a adjustment for the arears which I am apealing? I spoke to my ex wife and she understands my situation and has agreed to lower my support payments. How do I go about this?
    I cant survive with this money. What do I do? I went to the new office and they couldnt help me since it was a court order. My ex agreed to a lower monthly support payment since she is remarried and make much more than me. My gross is $1270 with $30 deducted for my health. I am currently paying 50% of her health when she has her new husband and her new child on it. Shouldnt I pay 2/5 and 50% of that? Am I wrong in this?
    Last edited by soulo2003; 09-12-2006 at 06:21 PM.

  2. #2
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    I see this is a old post and nobody has answered you but here is my $.02 on this situation.
    The judge should consider the cap of 50% of 80,000 then 25% for the kids. If your arrears added up when you werent working then thats rough but you are still obligated to them. In NY it doesnt matter if you can afford to support yourself because everyone always feels thats unimportant. The Magistrates in White Plains are just unfair and upset they didnt make it to be a full judge. Things will start to change soon with the Child support in NY soon. There is a cap on what NCP but the courts rarely enforce it. Keep filing for a modification and make your points. Bring in your financials to prove your point and sooner or later it will get lowered.
    Yes you should only pay the percentage of you kids for the insurance. The family plan isnt made up of a per child rate but should be calculated.
    Good luck and hang in there. There is nothing worse than a bad divorced parent. Most of the times the one who recieves always wants more. Even though they are living better than you.
    Last edited by Single*dad; 01-14-2007 at 12:12 PM.

  3. #3
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    Quote Originally Posted by Single*dad View Post
    I see this is a old post and nobody has answered you but here is my $.02 on this situation.
    The judge should consider the cap of 50% of 80,000 then 25% for the kids. If your arrears added up when you werent working then thats rough but you are still obligated to them. In NY it doesnt matter if you can afford to support yourself because everyone always feels thats unimportant. The Magistrates in White Plains are just unfair and upset they didnt make it to be a full judge. Things will start to change soon with the Child support in NY soon. There is a cap on what NCP but the courts rarely enforce it. Keep filing for a modification and make your points. Bring in your financials to prove your point and sooner or later it will get lowered.
    Yes you should only pay the percentage of you kids for the insurance. The family plan isnt made up of a per child rate but should be calculated.
    Good luck and hang in there. There is nothing worse than a bad divorced parent. Most of the times the one who recieves always wants more. Even though they are living better than you.
    He said that his ex agrees to lower support. In NY, the state minimum is $25 a month, but she can request and sign to the acceptance of an amount as low as $25 a month no matter what the father is making so far is she is not supported by the state.

    Therefore, file for a downward modification of child support and have the ex submit a notarized letter with her contact information along with that downward modifiation form and the amounts will be set at what HE and his Ex agrees to. She has the right to forgive past arrears as well... If his ex is in agreement, there is no limit at to what they can have setup.

  4. #4
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    If she is not agreeable to actually lowering the child support amount permanently, she can always "refund" you the difference between the ordered amount and the amount you and she have agreed to. Keep in mind, though, that if this route is taken, she can refuse to honor that agreement at any time. (Obviously NOT the best solution, but maybe a compromise if you and she cannot agree to the modification.)
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

  5. #5
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    Quote Originally Posted by Single*dad View Post
    I see this is a old post and nobody has answered you but here is my $.02 on this situation.
    The judge should consider the cap of 50% of 80,000 then 25% for the kids. If your arrears added up when you werent working then thats rough but you are still obligated to them. In NY it doesnt matter if you can afford to support yourself because everyone always feels thats unimportant. The Magistrates in White Plains are just unfair and upset they didnt make it to be a full judge. Things will start to change soon with the Child support in NY soon. There is a cap on what NCP but the courts rarely enforce it. Keep filing for a modification and make your points. Bring in your financials to prove your point and sooner or later it will get lowered.
    Yes you should only pay the percentage of you kids for the insurance. The family plan isnt made up of a per child rate but should be calculated.
    Good luck and hang in there. There is nothing worse than a bad divorced parent. Most of the times the one who recieves always wants more. Even though they are living better than you.
    A bit bitter and cyncial, are we? You must have missed the most important part...his ex agrees that the amount should be lowered.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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