Support reduction?

[jtrex28]

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

My Fiance is paying child support for two of his kids from a previous relationship. At the moment he just became unemployed but has been and still is paying support to her for both children. We want to take her to court to see if there is a way to get the support totally dropped but we want to make sure we can win first. The children go to school in our school district NOT hers so according to all state records (except the support courts for some reason) the children are living with us. They are with us every morning and then every night until 5pm-8pm. They then go to her house which we usually have to drive them and drop them off. We do 75% of all the transportation for the kids and also take care of them for most of the summer from about April until October becuase she her new husband works at the dirt car races so she is never around she is always there with him. She also insists that we pay for at least 50% of everything that they need or want. We are about sick of paying for her bills while we are still paying for the care and needs of the children on top of that and want to see if we could win the case in court without filing for full custody.

 

[Ohiogal]

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

My Fiance is paying child support for two of his kids from a previous relationship. At the moment he just became unemployed but has been and still is paying support to her for both children. We want to take her to court to see if there is a way to get the support totally dropped but we want to make sure we can win first.

Drop the word "We". You are no one and will continue to be no one legally throughout this situation.

The children go to school in our school district NOT hers so according to all state records (except the support courts for some reason) the children are living with us.

So dad and mom as committing fraud by lying to the school district regarding where the children live.

They are with us every morning and then every night until 5pm-8pm. They then go to her house which we usually have to drive them and drop them off. We do 75% of all the transportation for the kids and also take care of them for most of the summer from about April until October becuase she her new husband works at the dirt car races so she is never around she is always there with him.

You don't have to do ANY transportation. Your boyfriend has to follow the court order.

She also insists that we pay for at least 50% of everything that they need or want. We are about sick of paying for her bills while we are still paying for the care and needs of the children on top of that and want to see if we could win the case in court without filing for full custody.

You will NOT win any case because you have no standing to sue for anything. Dad needs to follow the court order. If the court order says mom has custody then he needs to change that if HE so desires. Then he can change child support.

 

[BL]

He should be able to get a modification .

In NY CS is order at a Min. of $25 or $50 with little or no income .

It is correct the child support magistrate will look at the custody order .


New York State Child Support Standards Act.

New York Child Support Standards Act - Child Support Worksheet | divorcenet.com

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

 

[tuffbrk]

There is little factual information provided by the OP. It is a whiny, poor me post that was difficult to get through.

• Presumably the OP's BF will receive unemployment and be able to continue to provide his support.
• Presumably BF will find a new job.
• It is not at all likely that the OP's BF will have his CS "totally dropped" as the OP would like.
• OP's BF should follow his court order regarding custody. If HE does not agree with the orders, then the OP's BF should file a motion to have them modified if a change of circumstances exists.
• OP's BF should grow up and stop letting the women in his life dictate his actions and behaviors

OP, on the other hand, should get her nose out of BF's custody and support issues. If OP does not like the current situation, she should just move on.