downward modification for child support

[NYChildsupport]

What is the name of your state? NY

I am looking to lower my divorce settlement stipulation for child support temporarily because of a mass layoff from my job. My current unemployment check goes directly to my ex-wife for child support, which leaves me without any money per month. I was told to keep records of everything that I did in regards to interviews/conversations there is a good chance of lowering the support obligations.

Is there anything specific that would be best to show court (which is in 3 days), in order to try and lower the support temporarily?

P.S. - I am in the over 80k wages per year and my exwife didn't work when we were married, however now she has worked as a legal secretary for the last 2 years part time.

Thank you in advance for any assistance!

 

[Silverplum]

Is there anything specific that would be best to show court (which is in 3 days), in order to try and lower the support temporarily?

Any and all paperwork showing you were LAID OFF, not fired, not quit.

 

[TinkerBelleLuvr]

If he's collecting UC, then he didn't quit or get fired for reason.

 

[CJane]

If he's collecting UC, then he didn't quit or get fired for reason.

That's not necessarily true.

I have received unemployment after quitting - because it was determined to be 'a good reason' and the employer elected not to dispute the claim.

I've also received it after being fired for cause... because the 'cause' was not gross misconduct and because the employer did not dispute the claim.

 

[nextwife]

That's not necessarily true.

I have received unemployment after quitting - because it was determined to be 'a good reason' and the employer elected not to dispute the claim.

I've also received it after being fired for cause... because the 'cause' was not gross misconduct and because the employer did not dispute the claim.

You know, there are many states in which the employer needs no "cause" to fire and can fire at will for any non-constitutionally protected reason. Being fired doesn't automatically mean "fault".

I know someone who was fired simply because the bosses brother-in-law moved back to town and needed a job - so the boss fired the guy to open the only position BIL was vaguely qualified to do. I know a number of people in banking who were fired because their boss changed and brought their own people over whom they were used to working with.

I also know people who were fired so the company could keep their commissions.

 

[Silverplum]

I apologize...too much rum, not enough sleep, too many dogs...

I meant, bring anything that proves you are not quitting your job to lower CS, anything that proves you didn't put yourself in this situation -- like failing a drug test, or driving drunk and losing your license if you drive for your job. Stuff like that.

 

[NYChildsupport]

That is fair , I can do that as I didn't get fired - my old company had restructuring (I have documents proving this) and my latest company went bankrupt (have documents as well).

My additional question is if I am Pro se, what form(s) do I need to send the other lawyer if I am going to show things like Salary examples of my ex wife from Salarywages.com, or rail road tickets showing that I went into the city for Interviews? I guess these are exhibits - anything special for these?


Anything special or best to show my ex-wifes salary as a legal secretary ?


Sorry for all the questions...
Thanks

 

[TinkerBelleLuvr]

If he's collecting UC, then he didn't quit or get fired for reason.

Badly written. Meant for gross misconduct, like stealing on the job, drinking on the job .... as for quitting ... normally, there is an amount of time you have to wait to collect UC if you just up and quit a job.

OP, do you have a log where you keep track of your job searches? You'll want to bring that with you also to demonstrate that you are ACTUALLY trying to get another job.

 

[NYChildsupport]

Greeat thanks..

What about:

My additional question is if I am Pro se, what form(s) do I need to send the other lawyer if I am going to show things like Salary examples of my ex wife from Salarywages.com, or rail road tickets showing that I went into the city for Interviews? I guess these are exhibits - anything special for these?


Anything special or best to show my ex-wifes salary as a legal secretary ?


Thanks

 

[BL]

Greeat thanks..

What about:

My additional question is if I am Pro se, what form(s) do I need to send the other lawyer if I am going to show things like Salary examples of my ex wife from Salarywages.com, or rail road tickets showing that I went into the city for Interviews? I guess these are exhibits - anything special for these?


Anything special or best to show my ex-wifes salary as a legal secretary ?


Thanks

What happens at court?
At court, a hearing will be held to decide how much you will have to pay for child support. You should bring your latest tax returns, W-2s, paycheck stubs, and everything else you have to show your current income. The judge or hearing examiner will use this information and other information presented by other parties to decide what you should pay for child support for your child.

 

[NYChildsupport]

How would this apply if I am acting as my own lawyer as well and want to bring my ex-wife on the stand to ask her information?

Is this allowed at a hearing with the magistrate (sorry for the spelling)?

 

[BL]

read through this :

http://www.nycourts.gov/courts/nyc/family/faqs_support.shtml#su5

 

[NYChildsupport]

Thanks for the website, however one additional question is around :.. what type of argument do I have in court if I was let go from a job making 140,000$ a year (on my last years tax returns) and then my new company where i was making 125000$ went bankrupt when all I want to do is lower the child support temp. until I get a job?

Thanks again.

 

[ronFIGGY110453]

Help

DON'T THINK I'm at the right place.
I needed to get some info.
Myex wife claimed that my son was getting day car for pay from the time he was 5 until 13
She indicated that her mother was watching my son for pay.
I don't beleive she has any receipts or records, and her day care provideran I(her mother) has no tax records and I don't think she reproted to irs as business.
I don't think I can do anything in family court, but can I file a civil suit to get money back or sue her or mother for fraud.

 

[NYChildsupport]

Thanks for the website, however one additional question is around :.. what type of argument do I have in court if I was let go from a job making 140,000$ a year (on my last years tax returns) and then my new company where i was making 125000$ went bankrupt when all I want to do is lower the child support temp. until I get a job?

Thanks again.