CS Up/Mod..legit change of circumstance??

[momov3grlz69]

What is the name of your state? NY. I am returning to court after 6 yrs for request of upward modification of CS. Currently, the father(non cust) pays our agreed amount which is Lower than was state minimum required. Back then, he said he'd "stop being difficult & putting kids in middle" if I agreed to less per month and for only 10 mos out of year....Well that agmt also says he "shall contribute toward Extra Curricular activites" if I ask & "he is ABLE"....he has never contributed...not because of being unable, but doesn't want to. Is this enough "change of circumstance" to now ask that he pay the state minimum required because he refuses to contribute??? What would my alternative reason be?? Does it have to be a change of circumstance if I am only asking what is required by the state for the children?? The extra curriculars are getting pretty hefty!! I feel bad that I bartered what was rightfully my children's, at the hope of what I thought a "peace offering"...boy was I wrong.

 

[seniorjudge]

https://forum.freeadvice.com/showthread.php?t=215871

double post

 

[momov3grlz69]

Well aren't you rude. The site name is "FreeAdvise"...if you have nothing positive or helpful...keep your typing to yourself.

 

[Hisbabygirl77]

Actually the name of this site is Freeadvice if you want to get technical. What seniorjudge did was not rude. Why did you post your question twice? That makes it all the more confusing for those answering your question.

 

[momov3grlz69]

accidentally.... I was originally in the wrong forum...so I had to copy it over into the correct one. I'm not sure why people are asking these types of things.... some of us are honestly trying to accomplish something on our children's be-half. After years of pour and self serving representaion by attorneys (high priced Madison Ave included: & over $100,000 later, I'm just trying to do what is right by my kids and do the research myself. No-one has their children's best interest at heart more than their own parents. Let's all try to be a bit more sensative to the issue I am trying to resolve.... no harm meant....

 

[Hisbabygirl77]

I would say after 6 years then yes you could go for a change in circumstances. How old were your children then and now? If they were younger and not in many sports and such when you divorced and now that they are and the cost of supporting them is getting higher then you have a good reason to go back. Of course I am not 100% sure on this so you should wait for a senior member to answer you as well.

 

[momov3grlz69]

Thank you.... my daughters were 5 and 6 at that time and not yet involve in any activities...now they are 10 and 11 and there's soccer, cheering, softball, etc..... any info is GREATLY appreciated. Also, curious as to why the courts allowed me to agree to less than the required CS amount back then??? I've seen other posts noting that it is not the parents right to sign it away?...confused??? Do I have recourse now,??

 

[Hisbabygirl77]

I think I know the other post that you are referring to and that was a different situation. That parent wanted to see if the ex could legally so NO child support not reduced child support. As far as I can tell you have no recourse for the decision you made back then to accept less child support. Also I was wondering has your income or his changed any in the last 6 years. Do you or him make more/less than back then. If so that could be used for change of circumstances. Just remember if you are making more now than you were then and he is making less then you might end up getting less. Have you recently done a child support calculator to see what it would come out to using both of your incomes now?

 

[seniorjudge]

Well aren't you rude. The site name is "FreeAdvise"...if you have nothing positive or helpful...keep your typing to yourself.

No, to answer your question, I am not rude.

Double-posting, however, is very rude.

Apologize and I will answer your question.

 

[momov3grlz69]

INTENTIONALLY double posting might be rude. Mine however, was an accident..This is my first post... I had to cut and paste my post, as I originally entered it incorrectly into the wrong forum. No harm meant...simple human error. I thought your comment about "..this is entertainment..." was directed at me as an insult...for that misunderstanding, I am sorry...I see now, that it is part of your "Signature Line"....I am honestly just looking to get a little advice as I truly have my children's best interest at heart. After years of dealing with costly and arrogant attorneys...who promise the world and then give your life away..(and took in excess of $100,000 I might add)...I am mearly trying to act responsibly upon my daughters (11 and 10) behalf. Any insight will be GREATLY appreciated. I do apologize for mis-reading & mis-understanding.

 

[seniorjudge]

What is the name of your state? NY. I am returning to court after 6 yrs for request of upward modification of CS. Currently, the father(non cust) pays our agreed amount which is Lower than was state minimum required. Back then, he said he'd "stop being difficult & putting kids in middle" if I agreed to less per month and for only 10 mos out of year....Well that agmt also says he "shall contribute toward Extra Curricular activites" if I ask & "he is ABLE"....he has never contributed...not because of being unable, but doesn't want to. Is this enough "change of circumstance" to now ask that he pay the state minimum required because he refuses to contribute??? What would my alternative reason be?? Does it have to be a change of circumstance if I am only asking what is required by the state for the children?? The extra curriculars are getting pretty hefty!! I feel bad that I bartered what was rightfully my children's, at the hope of what I thought a "peace offering"...boy was I wrong.

First of all, I certainly hope that a NY attorney will get on here and tell me if I am full of beans.

Here goes: To have the minimum is NOT a change of circumstance. You should be able to get this without having to prove anything (unless there is something in the judgment of the lawsuit that I am not aware of).

I would also be armed to the teeth with documentation about what you do extra with the kids. Make sure you can prove that it is an ordinary and ongoing thing, not just an occasional trip to the seashore or whatever.

Also, I do not know (since I have not read the judgment in your lawsuit) what that "if he is able" business is; you should get that changed for sure!

You are in the right here and you need to bring your child support at least to the minimum.

But, as a caution, please check all this out with your lawyer.

 

[momov3grlz69]

Thank you... I hope someone with NY Family Law background adds to this as well. My additional question would be...Do I have any recourse in that perhaps the court should not have allowed me to agree to less than the minimum to begin with. (It is noted in the agmt that the CS amount "deviates from the state calculated %") After all, it is/was the childrens' money...not mine to have bartered with for the father's "kindness". PooPoo on me...but I guess I live and learn on that one. To clarify, the verbage in our Stip of Sttlmnt is that..."in addition, the Father, shall contribute towards extra curricular costs,should he be financially able."..Being that I settled for less per month..I thought this would cover it...again...poo-poo on me Thanks for the info....its helping!

 

[Rushia]

Thank you... I hope someone with NY Family Law background adds to this as well. My additional question would be...Do I have any recourse in that perhaps the court should not have allowed me to agree to less than the minimum to begin with. (It is noted in the agmt that the CS amount "deviates from the state calculated %") After all, it is/was the childrens' money...not mine to have bartered with for the father's "kindness". PooPoo on me...but I guess I live and learn on that one. To clarify, the verbage in our Stip of Sttlmnt is that..."in addition, the Father, shall contribute towards extra curricular costs,should he be financially able."..Being that I settled for less per month..I thought this would cover it...again...poo-poo on me Thanks for the info....its helping!

To start with, I am not a lawyer, but I have dealt with the support courts in NY, specifically the Buffalo area. I am surprised that you were able to lower the amount. My X has another little girl that is older than the two that we have. She was able to take him to court almost on a monthly basis with no other change in circumstance other than "The child deserves more money". I wanted no support when we divorced and was not allowed to do that. I was awarded 50.00 a month due to the fact he was not working. 25.00 per child is a standard for a welfare or non working parent. The last that I was aware one child was 17% of pay and then the percentages increased with the number of children that were being filed for (without looking them up am unsure what they are, I believe 2 children are something like 23 to 25%). Hope that I helped a little.

 

[momov3grlz69]

I already know it is 25% for 2 children...I just wanted to make sure my ducks are in a row as to the exact "change of circumstances" or if I need more "amo" as I am going Pro Se....I've had more luck that way in the past....Thanks

 

[Rushia]

I already know it is 25% for 2 children...I just wanted to make sure my ducks are in a row as to the exact "change of circumstances" or if I need more "amo" as I am going Pro Se....I've had more luck that way in the past....Thanks

In my experience, there has never been any real need for a change in circumstance, that was her exact wording "The child deserves more money" and this happened on a monthly basis. Since it's been six years for you, you have more of a reason. Good Luck!!