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Fourth child

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Ahalia

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

I have a 3 year old daughter with a man who has 3 other children with another woman who he was never married to. We have lived apart since my daughter was an infant. When he moved out he agreed to pay me $340 a month. He came to this Amount because he works off the books and 17% of $500 would be $340. He makes approx $750 a week but since he is paid cash I chose to accept this amount rather than try and prove this to a court. A little while back the woman he has the kids with took him to court for child support even though he has always paid it to her, she wanted it to be on record. At the time I did not know that the whichever one of us filed first for support would make out with a bigger percent or amount of money. Since she is receiving 29% now , apparently he was told he does not have to pay me $340, that it would be $240 if it was court ordered and is now using this against me. I am trying to find out if this is true. He has given me a check for $340 every month so I would think a court would accept that as proof of our agreement... Or would the court actually reduce his amount? I have been thinking about filing officially bc he refuses to help me pay for any costs other than the 340. There is no way I can prove that he makes in excess of $740, it is a family business and all cash.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? New York

I have a 3 year old daughter with a man who has 3 other children with another woman who he was never married to. We have lived apart since my daughter was an infant. When he moved out he agreed to pay me $340 a month. He came to this Amount because he works off the books and 17% of $500 would be $340. He makes approx $750 a week but since he is paid cash I chose to accept this amount rather than try and prove this to a court. A little while back the woman he has the kids with took him to court for child support even though he has always paid it to her, she wanted it to be on record. At the time I did not know that the whichever one of us filed first for support would make out with a bigger percent or amount of money. Since she is receiving 29% now , apparently he was told he does not have to pay me $340, that it would be $240 if it was court ordered and is now using this against me. I am trying to find out if this is true. He has given me a check for $340 every month so I would think a court would accept that as proof of our agreement... Or would the court actually reduce his amount? I have been thinking about filing officially bc he refuses to help me pay for any costs other than the 340. There is no way I can prove that he makes in excess of $740, it is a family business and all cash.
In what world does 17% of $500 = $340?
 

Silverplum

Senior Member
In short, yes, the first to file for CS receives the first slice of the pie, and subsequent slices are taken from an already-smaller pie.

No, your out-of-court arrangement is not enforceable, and he doesn't have to pay for anything not ordered by the court.
 

Ahalia

Junior Member
In short, yes, the first to file for CS receives the first slice of the pie, and subsequent slices are taken from an already-smaller pie.

No, your out-of-court arrangement is not enforceable, and he doesn't have to pay for anything not ordered by the court.
Thank you for the info & getting back to me so fast!
 

Zigner

Senior Member, Non-Attorney
Is it not being calculated correctly, $85 a week?
Ok, you're mixing time-frames which messes up the math. What you mean to say is that you are receiving 17% of $500 per week, which nets you $340 per month (assuming 4 weeks per month).
 

stealth2

Under the Radar Member
Ok, you're mixing time-frames which messes up the math. What you mean to say is that you are receiving 17% of $500 per week, which nets you $340 per month (assuming 4 weeks per month).
4.3 weeks/month.
 

Ahalia

Junior Member
Ok, you're mixing time-frames which messes up the math. What you mean to say is that you are receiving 17% of $500 per week, which nets you $340 per month (assuming 4 weeks per month).
Actually it would be by 52 weeks per year but yes my mistake thanks again. If you don't mind me asking you seem to know a lot on this subject, are you saying the only thing a court was find enforceable would be a notarized agreement on that dollar amount? The only thing I could foresee being an issue is if I were to lose my health insurance as she is covered under my plan, and things like that , medical expenses, school expenses ...
 

Proserpina

Senior Member
Actually it would be by 52 weeks per year but yes my mistake thanks again. If you don't mind me asking you seem to know a lot on this subject, are you saying the only thing a court was find enforceable would be a notarized agreement on that dollar amount? The only thing I could foresee being an issue is if I were to lose my health insurance as she is covered under my plan, and things like that , medical expenses, school expenses ...
The court would be happy to enforce a court order. Anything other than that? Not so much. At this exact moment, he doesn't actually owe you a single red cent.

This is where many parents sort of get it wrong. Court orders actually protect all of you; both parents but more importantly the child. Go to court, get that court order and go forward from there.
 

stealth2

Under the Radar Member
Actually it would be by 52 weeks per year but yes my mistake thanks again. If you don't mind me asking you seem to know a lot on this subject, are you saying the only thing a court was find enforceable would be a notarized agreement on that dollar amount? The only thing I could foresee being an issue is if I were to lose my health insurance as she is covered under my plan, and things like that , medical expenses, school expenses ...
The only thing notarization does is verify that the people signing the document are who they say they are. It in no way makes it a court order. Which, as Pro posted, is all a court can enforce.
 

Ahalia

Junior Member
The court would be happy to enforce a court order. Anything other than that? Not so much. At this exact moment, he doesn't actually owe you a single red cent.

This is where many parents sort of get it wrong. Court orders actually protect all of you; both parents but more importantly the child. Go to court, get that court order and go forward from there.
Of course he does ... He is my daughters father, he is on the birth certificate and he is responsible to pay child support. Which is why he is paying it. We finalized his visitation order a long time ago. The court was more than happy to accept my proposed plan which was pretty basic but DID include certain restrictions and information I needed to have in writing "just in case" he decided to take matters into his own hands. Which is what he likes to do, hence why we do not live together - to put it extremely nicely lol.

do we follow it? No not really because I believe a father should see their child much more than every other weekend. Which is why I am feeling a little shorted now.... I am trying to do the right thing here and I'm not seeing any logical reason the court shouldn't put our current agreement into something on paper. Assuming her father would sign it.

I suppose I am giving he system too much credit as usual lol.
 

Silverplum

Senior Member
See here: https://www.childsupport.ny.gov/dcse/home.html

and here: https://www.nycourts.gov/courthelp/family/childSupport.shtml
 

Silverplum

Senior Member
Of course he does ... He is my daughters father, he is on the birth certificate and he is responsible to pay child support. Which is why he is paying it. We finalized his visitation order a long time ago. The court was more than happy to accept my proposed plan which was pretty basic but DID include certain restrictions and information I needed to have in writing "just in case" he decided to take matters into his own hands. Which is what he likes to do, hence why we do not live together - to put it extremely nicely lol.

do we follow it? No not really because I believe a father should see their child much more than every other weekend. Which is why I am feeling a little shorted now.... I am trying to do the right thing here and I'm not seeing any logical reason the court shouldn't put our current agreement into something on paper. Assuming her father would sign it.

I suppose I am giving he system too much credit as usual lol.
How do you expect the court to know? :confused:

You have to start a case, and child support is entirely separate from parenting time.
 
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