Can one state make another state lower my CS amount?

[ThisCantBeLife]

What is the name of your state (only U.S. law)? NYC & NJ

2 kids in NYC that I've paid "25%" support for since 2002. 1 handicapped child in NJ that I've paid support for since Jan 2004.

When the NJ order was made, my NY child support was taken into account in the calculations, but the magistrate decided to deviate from the standard because of my NJ child's special needs (she's in a diaper, wheelchair, ect) and that brings my NJ support to just under 50% of my net once you add in the NY support I'm way past and that's fine. My children are all cared for and provided for. My girlfriend and I share expenses and she helps float me.

Anyway, earlier this month I was in NYC court and the mom in NYC claims that her expenses have tripled and that I need to pay more. I should mention (not sure if it's relevant) that she lives room & board FREE with my aunt & uncle, but claimed in court that she pays them 1500/mo. She's also claiming that the kids are in sports, etc and that I need to pony up for that, too.

The NYC magistrate said that I needed to go back to NJ and have that support lowered but I'm not sure I agree or that it's even possible. How can I tell the mother of one child (who is critically ill) that she will get less for diapers, therapists, and medical specialists because the other mother of my children wants them to play baseball?

Can the NYC court force me to do this?

Like I said, I've been supporting them all since day one (no arrears) I just morally feel that my daughter in NJ needs/deserves more - and the NJ magistrate allowed me to deviate for that very reason.

Thank you for reading.

 

[justalayman]

they cannot force you to seek to have your NJ support reduced but they can impose support in NY as the calculations allow.


Was their comment due to you making a comment about you are already paying a ton of CS? Since the support in NJ is not per their standard schedule, that is the only reason I could see the courts saying what they did.

 

[BL]

Did The NYC magistrate actually modify the order ?

If so ,what is the date of entry into records ?

In the calculator in NY it takes into account other CS obligation amounts.

Also Extracurricular activities should not be considered for CS purposes.

She's also claiming that the kids are in sports, etc and that I need to pony up for that, too.

No you do not.

New York State Child Support Standards Act.
http://www.brandeslaw.com/child_support/cssa.htm

http://www.nycourts.gov/divorce/forms_instructions/ud-8.pdf Calculator

http://www.divorcehq.com/calculators/newyork-child-support-calculator.shtml

http://forms.lp.findlaw.com/form/courtforms/state/ny/ny000481.pdf

Plus + In the "exercise of discretion" the court may attribute or impute income from "any resources", including:

What If the Parties Disagree with the Support Magistrate's Order?

Both parties have the right to appeal the order by filing an "objection" within 30 days
of the date the order is sent to them. The objection must be filed with the court clerk's office,
with a copy sent to the other party. The other party may send a reply to the court. After review
ing
the case file, a judge then rules on the objection. The judge may leave the order as it is,
change it, or send the case back to the Support Magistrate for further proceedings.
If either party disagrees with the judge's decision, the case may be appealed to a higher court

file an objection or challenge, based on incorrect calculations or mistake of fact.

 

[TinkerBelleLuvr]

What does the court order say about extracurricular activities?

 

[ThisCantBeLife]

The order was not set and we have to go back in May, 2014

The magistrate wants to see proof that my NY CS was taken into account when the NJ order was set.

I am not claiming to not want to pay, I just always felt I was doing the right thing. NY set their order first and took their 25%. Then NJ came along and was going to use what was left to base my responsibility on, but NJ mom and I came to an agreement because THAT daughter needs so much more.

As far as I remember my NY order doesn't state extra curriculars, etc only that I have to pay a portion of unreimbursed medical expenses.

I'm not asking to have my NY support lowered, just to not have it raised and remain the same ($700/mo) - basically leave everything as it is. How likely are my chances? (Please check the crystal ball)

 

[BL]

The order was not set and we have to go back in May, 2014

The magistrate wants to see proof that my NY CS was taken into account when the NJ order was set.

I am not claiming to not want to pay, I just always felt I was doing the right thing. NY set their order first and took their 25%. Then NJ came along and was going to use what was left to base my responsibility on, but NJ mom and I came to an agreement because THAT daughter needs so much more.

As far as I remember my NY order doesn't state extra curriculars, etc only that I have to pay a portion of unreimbursed medical expenses.

I'm not asking to have my NY support lowered, just to not have it raised and remain the same ($700/mo) - basically leave everything as it is. How likely are my chances? (Please check the crystal ball)

What State do you reside in ?

Get a copy of both orders to take with you to the hearing.

That would make sense that NJ should have taken NY CS obligation amount into account .

Still you can argue the NY order was set on a stipulated agreement , and although you should not be obligated to pay any amount outside the standards act , you wanted to help out .

If push comes to shove state to the court you want to modify back to the standards act set by the court .

 

[ThisCantBeLife]

Just an update for anyone who is interested:

Went to court at the beginning of this month and was mailed the new order. The magistrate did not take the NJ order into the calculations at all and literally said "since the NY order was first, go back to NJ and have them lower it so you can pay NY".

I am not sure how that can even be possible since my special needs daughter has such extraordinary needs that the NJ magistrate deviated from the guidelines and I was/am ok with that because I know the money is going to pay for her needs.

NY is also charging me arrears back to the date she requested the modification, even though I showed up for court ready to plead my case and it was HER that didn't have the necessary documents.

At this point I am paying approximately 85% of my wages in child support to both states. I bring home around $50 every 2 weeks (I make $45k/year). How am I supposed to survive on that?

I'm not a deadbeat. This is my first time ever having any type of arrears and I just feel like everything is crashing in on me.

 

[stealth2]

Then NJ came along and was going to use what was left to base my responsibility on, but NJ mom and I came to an agreement because THAT daughter needs so much more.

I suspect this is where your problem is. Your agreement with Mom #2 does not negate Mom #1's right to file for - and receive if appropriate - a modifcation. You pretty well say above that the NY ordered amount was NOT included in the NJ order, because you and Mom came to an agreement which the judge simply signed off on.

I do applaud your integrity in going beyonf what is required for your SN child, but you seem to be in a quandary of your own making...

 

[ThisCantBeLife]

I suspect this is where your problem is. Your agreement with Mom #2 does not negate Mom #1's right to file for - and receive if appropriate - a modifcation. You pretty well say above that the NY ordered amount was NOT included in the NJ order, because you and Mom came to an agreement which the judge simply signed off on.

I do applaud your integrity in going beyonf what is required for your SN child, but you seem to be in a quandary of your own making...

They NY order WAS taken into account when the NJ order was established. But now NY won't take the NJ order into account at all.

 

[stealth2]

They NY order WAS taken into account when the NJ order was established. But now NY won't take the NJ order into account at all.

NY doesn't have to. They have the original order. You still chose to pay in excess - that is on you. Not Mom #1. I realize that you think it's unfair, but you know what they say about life & fairness...

 

[ThisCantBeLife]

One last stupid question:

I realize that I'm voluntarily paying more in NJ (and honestly it's not that much more than the guideline amount) but NY didn't take NJ into account AT ALL - not even the guideline amount - just did not include it in the calculations. Also, I thought there was a law or rule or whatever that stated that I couldn't have more than 50% of my check garnished for child support. Is that per state/per case or in total?

 

[stealth2]

One last stupid question:

I realize that I'm voluntarily paying more in NJ (and honestly it's not that much more than the guideline amount) but NY didn't take NJ into account AT ALL - not even the guideline amount - just did not include it in the calculations. Also, I thought there was a law or rule or whatever that stated that I couldn't have more than 50% of my check garnished for child support. Is that per state/per case or in total?

Again - NY is under no obligaton to take th NJ order into account when modifying the existing order. It didn't exist when NY ordered CS, andthey don't need to consider it now.

As for garnishment - it does not mean your combined orders cannot exceed a limit. Just that they can only take thast much - you'd still owe the difference.

 

[ThisCantBeLife]

Again - NY is under no obligaton to take th NJ order into account when modifying the existing order. It didn't exist when NY ordered CS, andthey don't need to consider it now.

As for garnishment - it does not mean your combined orders cannot exceed a limit. Just that they can only take thast much - you'd still owe the difference.

Sigh, I figured as much. I never expected the law to be fair, but it should be just. I have no idea what I will do at this point.

Well, thank you for your help!

 

[Indiana Filer]

Sigh, I figured as much. I never expected the law to be fair, but it should be just. I have no idea what I will do at this point.

Well, thank you for your help!

What is not "just"about the first order having priority? You knew it was in place when you had your second child. Mom #2 and you just need to realize the portion of your income going to your first child has priority since it existed first. That's fair and just.

 

[Pinkie39]

What is not "just"about the first order having priority? You knew it was in place when you had youond child. Mom #2 and you just need to realize the portion of your income going to your first child has priority it existed first. That's fair and just.[/QUOT
I've never understood that. If someone has two kids who live with them, would it be fair for the parent to always give the older child the most things, and neglect the younger child, and make him do with far less, simply because he had the misfortune of being born second? I'm sure no one would think that's fair or just. So why does the law allow it, in the case of child support?