Support and 2 Children, two different houses

[Kris1345]

What is the name of your state (only U.S. law)? NJ support being asked for a child in NY

Situation is as such; 14 year old son now living with ex-wife in NY. I'm located in NJ. I was just served with paperwork today to appear for child support of son and 50% ongoing Orthodontic Therapy.
She has sole custody with visitation as we agree.

We also have a 19 year old daughter together that has been living with me for the past 5 years and still resides with me. Our daughter is enrolled in College and going to school in the fall while living in my home. She does not pay rent, utilities or for food. I fully support her while she continues her education.

Finances: Ex-Wife makes around $55k a year with only herself and our son to support.
Myself: I make $30k a year remarried with a family of 6. Wife does not work as we have a disabled child in the home (Wife's from previous marriage) that she has to be home to care for.

What kind of support payments do you think I'm looking at?
Would it be feasible and the smart thing to do, to obtain legal aide for this?

Thank you.

 

[CSO286]

What is the name of your state (only U.S. law)? NJ support being asked for a child in NY

Situation is as such; 14 year old son now living with ex-wife in NY. I'm located in NJ. I was just served with paperwork today to appear for child support of son and 50% ongoing Orthodontic Therapy.
She has sole custody with visitation as we agree.

We also have a 19 year old daughter together that has been living with me for the past 5 years and still resides with me. Our daughter is enrolled in College and going to school in the fall while living in my home. She does not pay rent, utilities or for food. I fully support her while she continues her education.

Finances: Ex-Wife makes around $55k a year with only herself and our son to support.
Myself: I make $30k a year remarried with a family of 6. Wife does not work as we have a disabled child in the home (Wife's from previous marriage) that she has to be home to care for.

What kind of support payments do you think I'm looking at?
Would it be feasible and the smart thing to do, to obtain legal aide for this?

Thank you.

http://www.nyc.gov/html/hra/html/directory/child_support_calculator.shtml]

Your wife's children have no bearing on the child support.

You aren't going to get credit for your now-adult child living with you.

You will be paying child support based on guidelines.

 

[Kris1345]

Thank you.

Question, Do you think there is a possibility of the two children negating each other?

Or would I have to file for support here in NJ for our daughter?


Sorry, the comments didn't show up until after I had posted this.
I'm a little confused. I thought that while our daughter was 19, since she was still being supported by myself and living in my home while continuing college, that it would still put her under the age bracket of an enforceable support order?

 

[CSO286]

Thank you.

Question, Do you think there is a possibility of the two children negating each other?

Or would I have to file for support here in NJ for our daughter?


Sorry, the comments didn't show up until after I had posted this.
I'm a little confused. I thought that while our daughter was 19, since she was still being supported by myself and living in my home while continuing college, that it would still put her under the age bracket of an enforceable support order?

Have you been receiving child support for this child all along?

If not, the ship has now sailed on filing for support now that she is an adult.

https://extranet.acf.hhs.gov/irg/profile.html?selection=STA&stateGeoBox=34

The two kids would not cancel each other out.

 

[single317dad]

Thank you.

Question, Do you think there is a possibility of the two children negating each other?

Or would I have to file for support here in NJ for our daughter?


Sorry, the comments didn't show up until after I had posted this.
I'm a little confused. I thought that while our daughter was 19, since she was still being supported by myself and living in my home while continuing college, that it would still put her under the age bracket of an enforceable support order?

With this answer, I'm assuming your original divorce decree was in NJ and the current motion was filed in NJ court.

http://www.judiciary.state.nj.us/csguide/index.htm

Your daughter MAY be considered for continued support after age 18 due to continuing her education, but I think you'll have a hard time getting an INITIAL support order for her at age 19. Either way, she'll age out of support far sooner than the younger son. In hindsight, you should have filed for support of your daughter much sooner. That Mom is taking this action at this late date says to me that she's pretty confident that you'll be on the hook for the younger child and she'll skate by on the older one. Sorry to be the bearer of bad news.

 

[CSO286]

I want to clarify this for you:

Mom would file for support in NY, where she lives lives with Billy. NY guidelines would prevail should she file for support.

You (if you could file for support, which you can't now that Sally is an adult) would have filed in NJ, which is why NJ statutes and guideline would govern your legal action.

 

[CSO286]

With this answer, I'm assuming your original divorce decree was in NJ and the current motion was filed in NJ court.

http://www.judiciary.state.nj.us/csguide/index.htm

Your daughter MAY be considered for continued support after age 18 due to continuing her education, but I think you'll have a hard time getting an INITIAL support order for her at age 19. Either way, she'll age out of support far sooner than the younger son. In hindsight, you should have filed for support of your daughter much sooner. That Mom is taking this action at this late date says to me that she's pretty confident that you'll be on the hook for the younger child and she'll skate by on the older one. Sorry to be the bearer of bad news.

Oooh!! Good point I missed.

What does your divorce decree state about child support??????

And what state issued it??? How long ago? Did mom file to modify your divorce decree to include support for Billy or did she initiate a brand new action?

(Still you won't be able to establish a support obligation for your now adult child.)

 

[Kris1345]

Ok, this is where it gets interesting and pretty sure it's going to bite me in the ass anyhow.

Up until recently both children were living in my household and while there was no court ordered child support my ex-wife was paying me $600 a month in support for both children. I do have check stubs from her bank account verifying this. She did continue with the $600 a month payment even after our daughter turned 18 since she was in college.

At that time, we were all living in NY.

We moved to NJ last year (September) and during a summer visit she had convinced our son that he would be better off in her household. Bribed him with trips to France, laptops and the like. Whatever. That's when the change started.

She was JUST granted custody this month and filed for support immediately.

During the transition where she had temporary custody I did not request the child support payments to continue from her because I was fully supporting a child, while she was supporting a child. Didn't seem fair of course.

So while there is no court ordered child support, I can prove that there has been support passing hands from one party to another.

Probably won't help me, but want to cover all of my bases.

Edit: Divorce was in NY. Was a completely separate order at the time. Children had lived with their mom while I paid support regularly until they came to live with me 5-6 years ago. Then custody was transferred over to me. Now for our son, it's reverting back.

 

[single317dad]

Ok, this is where it gets interesting and pretty sure it's going to bite me in the ass anyhow.

Up until recently both children were living in my household and while there was no court ordered child support my ex-wife was paying me $600 a month in support for both children. I do have check stubs from her bank account verifying this. She did continue with the $600 a month payment even after our daughter turned 18 since she was in college.

At that time, we were all living in NY.

We moved to NJ last year (September) and during a summer visit she had convinced our son that he would be better off in her household. Bribed him with trips to France, laptops and the like. Whatever. That's when the change started.

She was JUST granted custody this month and filed for support immediately.

During the transition where she had temporary custody I did not request the child support payments to continue from her because I was fully supporting a child, while she was supporting a child. Didn't seem fair of course.

So while there is no court ordered child support, I can prove that there has been support passing hands from one party to another.

Probably won't help me, but want to cover all of my bases.

Edit: Divorce was in NY. Was a completely separate order at the time. Children had lived with their mom while I paid support regularly until they came to live with me 5-6 years ago. Then custody was transferred over to me. Now for our son, it's reverting back.

That clears things up quite a bit.

You'll likely pay support on the minor son per NY guidelines. Adult daughter should hit Mom up for some help with her schooling, and begin the process of becoming self-supporting.

 

[Kris1345]

Thank you.

Figured as much. I've taken some lumps over the years and am now learning to cover all of my bases. Way back when I was a bartender in NYC and made good money. This was when we first separated.
Stupid me, I paid her in cash. Court came, she denied ever receiving money from me and of course I had no receipts to verify that I just handed 2 grand over to this woman.

Now, I still try to be a nice guy but I get receipts for everything and try to learn as much as I can before going in!

 

[single317dad]

Thank you.

Figured as much. I've taken some lumps over the years and am now learning to cover all of my bases. Way back when I was a bartender in NYC and made good money. This was when we first separated.
Stupid me, I paid her in cash. Court came, she denied ever receiving money from me and of course I had no receipts to verify that I just handed 2 grand over to this woman.

Now, I still try to be a nice guy but I get receipts for everything and try to learn as much as I can before going in!

Knowledge is power. Educating yourself about the law is no substitute for a skilled attorney, but it sure can help. Stick around here, maybe you can avoid the next "lump".

Best of luck.

 

[BL]

Perhaps if NY calculates it , it may factor in the child living with you.

New York State Child Support Standards Act.

http://www.brandeslaw.com/child_support/cssa.htm

What If the Parties Disagree with the Support Magistrate's Order?

Both parties have the right to appeal the order by filing an "objection" within 30 days
of the date the order is sent to them. The objection must be filed with the court clerk's office,
with a copy sent to the other party. The other party may send a reply to the court. After review
ing
the case file, a judge then rules on the objection. The judge may leave the order as it is,
change it, or send the case back to the Support Magistrate for further proceedings.
If either party disagrees with the judge's decision, the case may be appealed to a higher court

file an objection or challenge, based on incorrect calculations or mistake of fact.