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modify child support? claim dependent?

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karmictreasures

Junior Member
New York
My ex husband has been paying the exact same amount of child support for the past 12 years. The amount was mandated by the courts in 1997 but he pays me voluntarily...it's not thru any support collection agency. He recently lost his job and is receivign unemployment. He cut his support payments in half and is sending 25% of his unemployment payments instead. However....this was not approved thru the courts and I believe he should still be paying the full amount. I need advice on what to do. Does he have to pay me what he owes in arrears if I take him to court or will they back date it and say he has paid me enough by sending 25% of his unemployment amount?
He now has a new job he's starting and he said the amount he's getting paid is the same as the last job but I don't believe him. The same amount of pay for $12 years? Really? What proof will the courts use to re-configure the amount he's supposed to be paying me? Will the count his tax-return from last year? Will they calculate all the overtime, too? He worked overtime on a weekly basis. How does that work? I called 2 legal services divisons for advice and can you believe none of them could help me? I'm unemployed and not receiving child support....I can't afford an attorney. Thank you.
 


Ohiogal

Queen Bee
New York
My ex husband has been paying the exact same amount of child support for the past 12 years. The amount was mandated by the courts in 1997 but he pays me voluntarily...it's not thru any support collection agency. He recently lost his job and is receivign unemployment. He cut his support payments in half and is sending 25% of his unemployment payments instead. However....this was not approved thru the courts and I believe he should still be paying the full amount. I need advice on what to do. Does he have to pay me what he owes in arrears if I take him to court or will they back date it and say he has paid me enough by sending 25% of his unemployment amount?
He now has a new job he's starting and he said the amount he's getting paid is the same as the last job but I don't believe him. The same amount of pay for $12 years? Really? What proof will the courts use to re-configure the amount he's supposed to be paying me? Will the count his tax-return from last year? Will they calculate all the overtime, too? He worked overtime on a weekly basis. How does that work? I called 2 legal services divisons for advice and can you believe none of them could help me? I'm unemployed and not receiving child support....I can't afford an attorney. Thank you.
Here is the thing -- he only has to pay the court ordered amount. When he was on unemployment the court could have modified it downwards. How much financial support are you providing the children? You are unemployed -- hence the amount you provide to the children decreased when you lost your job. He will owe however what he did not pay while unemployed. That is the amount of his arrears.

Child support will be based on what he is currently earning. The same amount of pay? Possibly.
 

BL

Senior Member
In 1998 NY came out with the Child Support Standards Act , or may have been modified then .I can not recall.

Calculate away .

He should be paying the court ordered amount until modified .

Weather the court would grant relief while unemployed is iffy , but usually any changes that may take affect would be from the date of filing .

Is there some reason you can not be employed also ?

New York State Child Support Standards Act.

New York Child Support Standards Act - Child Support Worksheet — DivorceNet

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

karmictreasures

Junior Member
thanks for your response...I appreciate it. I'm only unemployed temporarily....after 30 years of continues employment. Wow! I will hopefully be employed again soon. It just so happened my ex and I lost our jobs at the same time. Strange, but true.
Also, what are the chances the courts will give allow me to claim my son as a dependent although the divorce decree states my ex is allowed? I always claimed our daughter, but she's over the age of 19 now. He doesn't visit the kids more than 3-5X a year so I do 99.9% of all parenting, etc. He provides no other monetary support other than the child support payments. Thank you!
 

Ohiogal

Queen Bee
thanks for your response...I appreciate it. I'm only unemployed temporarily....after 30 years of continues employment. Wow! I will hopefully be employed again soon. It just so happened my ex and I lost our jobs at the same time. Strange, but true.
Also, what are the chances the courts will give allow me to claim my son as a dependent although the divorce decree states my ex is allowed? I always claimed our daughter, but she's over the age of 19 now. He doesn't visit the kids more than 3-5X a year so I do 99.9% of all parenting, etc. He provides no other monetary support other than the child support payments. Thank you!
Per the court order you have to allow him to claim your son or you can be found in contempt of the state court order. If you want to attempt a modification, you need to go back to court. It is possible that they would allow you to alternate the exemption. You can still claim him for EIC and daycare (if applicable) purposes.
 

Radia

Member
I thought the guideline was that, when garnished, the max out of Unemployment was 25%. He is still responsible for the difference, sure, but he has to have something too.
 

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