Quickly change child support?

[cambot]

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

Hi, currently my parents are fighting for a change of custody. Up until recently I have been living with my mother over the week, and visiting my father on weekends (the custody was joint and my mother has final decision making). Because of a change in schools, and various other reasons, I would like to live with my father full-time.
As of now, the week and weekends are split between my parents, and we are going to trial so I can live with my father full-time. However... my father has been paying a large amount of money each month in child support. My grandfather is no longer helping my father pay the child support. My father also has difficulty working because of his arthritis.
If my father doesn't pay the child support he will be sent to jail. Is there any way the child support can be changed quickly, without making my father look bad in front of the judge (making it look like he was bringing my mother to court solely for money)?
Thank you.

 

[justalayman]

This is your father's problem, not yours. Most judges would be a bit miffed involving the child in the parents issues.


I also would not be so confident there will be the changes you are hoping for. The child's desire can be considered but the court is in no way bound to honor those desires. The choice of residence is ultimately based on the best interest of the child which involves myriad factors.

 

[Proserpina]

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

Hi, currently my parents are fighting for a change of custody. Up until recently I have been living with my mother over the week, and visiting my father on weekends (the custody was joint and my mother has final decision making). Because of a change in schools, and various other reasons, I would like to live with my father full-time.
As of now, the week and weekends are split between my parents, and we are going to trial so I can live with my father full-time. However... my father has been paying a large amount of money each month in child support. My grandfather is no longer helping my father pay the child support. My father also has difficulty working because of his arthritis.
If my father doesn't pay the child support he will be sent to jail. Is there any way the child support can be changed quickly, without making my father look bad in front of the judge (making it look like he was bringing my mother to court solely for money)?
Thank you.

Wanting to change custody AND reduce child support?

The court is going to see exactly what's going on here (even if that's not Dad's intent, it sure as heck is going to look like it is).

It shouldn't be Grandad's responsibility to support his grandchild; if Dad's TRULY unable to work he needs to file for disability.

 

[LdiJ]

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

Hi, currently my parents are fighting for a change of custody. Up until recently I have been living with my mother over the week, and visiting my father on weekends (the custody was joint and my mother has final decision making). Because of a change in schools, and various other reasons, I would like to live with my father full-time.
As of now, the week and weekends are split between my parents, and we are going to trial so I can live with my father full-time. However... my father has been paying a large amount of money each month in child support. My grandfather is no longer helping my father pay the child support. My father also has difficulty working because of his arthritis.
If my father doesn't pay the child support he will be sent to jail. Is there any way the child support can be changed quickly, without making my father look bad in front of the judge (making it look like he was bringing my mother to court solely for money)?
Thank you.

Can you elaborate a bit on the "change in schools" issue?...as well as the other reasons? Also, how old are you?

Unfortunately, whenever child support issues are raised as urgent, as part of a custody battle, it does tend to make the parent who is paying child support look like they are fighting for custody in order to avoid child support.

 

[cambot]

Can you elaborate a bit on the "change in schools" issue?...as well as the other reasons? Also, how old are you?

Unfortunately, whenever child support issues are raised as urgent, as part of a custody battle, it does tend to make the parent who is paying child support look like they are fighting for custody in order to avoid child support.

I got into a very good school that is near my dad, and I have to live in his district in order to attend it. Additionally, my father and I have a better relationship than I do with my mother. My mother also works a lot and is often not home to take care of me/help out with school work. I am 16.

 

[justalayman]

So how did you get into the school since you don't live with your father, or at least he is not the residential parent anyway? Sounds like somebody wasn't completely truthful with somebody.

 

[cambot]

So how did you get into the school since you don't live with your father, or at least he is not the residential parent anyway? Sounds like somebody wasn't completely truthful with somebody.

The judge gave my father emergency custody (over this passed summer) so I could apply and start off at the school. Since then the custody has been changed.

 

[justalayman]

Ok and when you told the school you no longer reside with your father...

What's that? You say you haven't told them hoping the courts will see things your way?

Well, good luck with that.

But since there was a custody determination mere months ago, what is the substantial change of circumstances that would allow for a review of the status quo?


Seriously, especially given the extremely recent ruling, unless something quite major has changed the court is most likely to not change anything.

 

[Silverplum]

I got into a very good school that is near my dad, and I have to live in his district in order to attend it. Additionally, my father and I have a better relationship than I do with my mother. My mother also works a lot and is often not home to take care of me/help out with school work. I am 16.

You need a lot of care from a parent at age 16?

You need a lot of help with homework?

Custody was given to Dad by a judge, but child support was left in place?

 

[justalayman]

You need a lot of care from a parent at age 16?

You need a lot of help with homework?

Custody was given to Dad by a judge, but child support was left in place?

No. Dad had an emergency custody during the summer but when it got into court mom was given custody. Op is wanting dad to regain custody.

 

[Proserpina]

No. Dad had an emergency custody during the summer but when it got into court mom was given custody. Op is wanting dad to regain custody.

That's how I'm reading it, too.

And if that's the case, I hope to high heaven that Dad actually has a good reason for filing again so soon.