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Child Support/ OOP issue

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Bingbing22

Junior Member
What is the name of your state (only U.S. law)? NY

I have posted before in Visitation - I couldn't find my login info though so this a new one.

I had a baby in 2007 with my ex, he was in prison at the time for committing an assault 2 on me while I was pregnant. There is an order of protection that keeps him from seeing either of us. He got out of prison at the end of 2011. Until now, I have not filed for support. I filed for custody in Feb 2012 and have sole custody, legal and physical.

Our daughter is involved in a number of extra-curriculars and due to my injuries from the assault, I have been out of work for over a year. I would like to file for support to help pay for her activities, etc. but want to know if it will be a set amount (17% in NYS?) or if I could ask for that amount plus additional money for extra-curriculars/sports and school clothes.

If I can ask for those additions, could I have them paid directly to an UTMA account set up for my daughter so that he does not have to send anything to me directly.

I understand that this may open the door once the OOP expires for him to have a case for visitation but it may also help to prove that he wants nothing to do with our child if he fails to pay the support as ordered.

Also, will I be required to serve him myself (through the Sheriff) or will he just be mailed the paperwork?

Thanks!
 


BL

Senior Member
What is the name of your state (only U.S. law)? NY

I have posted before in Visitation - I couldn't find my login info though so this a new one.

I had a baby in 2007 with my ex, he was in prison at the time for committing an assault 2 on me while I was pregnant. There is an order of protection that keeps him from seeing either of us. He got out of prison at the end of 2011. Until now, I have not filed for support. I filed for custody in Feb 2012 and have sole custody, legal and physical.

Our daughter is involved in a number of extra-curriculars and due to my injuries from the assault, I have been out of work for over a year. I would like to file for support to help pay for her activities, etc. but want to know if it will be a set amount (17% in NYS?) or if I could ask for that amount plus additional money for extra-curriculars/sports and school clothes.

If I can ask for those additions, could I have them paid directly to an UTMA account set up for my daughter so that he does not have to send anything to me directly.

I understand that this may open the door once the OOP expires for him to have a case for visitation but it may also help to prove that he wants nothing to do with our child if he fails to pay the support as ordered.

Also, will I be required to serve him myself (through the Sheriff) or will he just be mailed the paperwork?

Thanks!
http://www.nycourts.gov/courts/nyc/family/faqs_support.shtml#su3
 

Bingbing22

Junior Member
re:

Thanks for that webpage - I had already reviewed that info, it doesn't really answer my questions unless I am missing something.

About serving him - I wasn't sure if this would still be required even with the OOP in place

About the support - that page doesn't say how support is calculated, or if you can ask for specific items to be added to the support order (i.e. sports and clothing)
 

BL

Senior Member
Thanks for that webpage - I had already reviewed that info, it doesn't really answer my questions unless I am missing something.

About serving him - I wasn't sure if this would still be required even with the OOP in place

About the support - that page doesn't say how support is calculated, or if you can ask for specific items to be added to the support order (i.e. sports and clothing)
http://www.divorcehq.com/calculators/newyork-child-support-calculator.shtml

http://www.brandeslaw.com/child_support/cssa.htm

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

Service can is done by a person 18 years of age or older not a party to the action or a service agency,Sheriffs Office perhaps ( usually for a fee ). If I recall service and summons can me mailed Certified also.

Are you saying the Father does not know your whereabouts and you want to keep it that way as long as the protection order is in place ?
 
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Bingbing22

Junior Member
re:

He knows where we live, we just got done with an OOP violation case and we live in a small town. I just didn't know if it mattered if there was an OOP.

Thanks for all the help, I will check out those links ASAP.
 

TheGeekess

Keeper of the Kraken
He knows where we live, we just got done with an OOP violation case and we live in a small town. I just didn't know if it mattered if there was an OOP.

Thanks for all the help, I will check out those links ASAP.
Or contact these folks.
https://www.childsupport.ny.gov/dcse/home.html
 

not2cleverRed

Obvious Observer
Or contact these folks.
https://www.childsupport.ny.gov/dcse/home.html
VOE: DCSE in NY is fantastic if you have a court order and your ex has any form of traceable income. My ex is one of those convinced that he doesn't have enough money to spare any for child support, and DCSE is the only reason why I've ever seen anything - and he's out of state to boot.
 

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