Worth modifying?

[jmamlp18]

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

I have four children and a step daughter. My two oldest have the same mom, daughter has a different mom and my youngest and my step-daughter have the same mom.

My income went from 13/hr to 10/hr due to my getting fired a couple years ago.

The order for my sons was made when I was making 13/hr. It states that I am responsible for roughly $70 weekly, I provide insurance if my work offers it and I pay half of out of pocket expenses. $10 of the 70 is specified for child care which is provided by a family member.

The order for my daughter was redone after I changed jobs. I pay roughly $60 weekly, and am responsible for 100% of out of pocket. My ex was on temp. assistance when this order was done, she is now on SSDI.

My youngest was just born, and was not considered in my income when the child support was.

I am current on all support, except out of pocket bills for my daughter.

My questions are:

1) My son's mom is constantly threatening to take me back to court to make me pay for extracurriculars and increase support. I barely have $100 of my paycheck left after working a full week at this point. Would it be likely that the court would increase my support at this point. Would they lower it? I am not interested in having it changed but just wondering what to expect. I don't mind splitting the cost of one activity per "season" but she has them in 2 or 3 things at a time and wants extra money for all of them, money for school clothing, school lunches, etc.

2) My daughter's mother obviously now has actual income from her SSDI, I would like that order to be changed to make her pay some of the out of pocket expenses. She constantly takes my daughter to expensive therapists and out of network providers just so she can send me the bill and then bring it up when we go to court that I haven't (i.e. can't afford to) pay them. Last time we went to court the judge said the support was roughly the right amount, so I am not expecting it to go up or down.

3) Lastly, does a new child in my household change anything with the calculations. I want to keep supporting my children but it is nearly impossible when I work 40+ hours and bring home $100 to support the family I have now as well.

 

[mmmagique]

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

I have four children and a step daughter. My two oldest have the same mom, daughter has a different mom and my youngest and my step-daughter have the same mom.

My income went from 13/hr to 10/hr due to my getting fired a couple years ago.

The order for my sons was made when I was making 13/hr. It states that I am responsible for roughly $70 weekly, I provide insurance if my work offers it and I pay half of out of pocket expenses. $10 of the 70 is specified for child care which is provided by a family member.

The order for my daughter was redone after I changed jobs. I pay roughly $60 weekly, and am responsible for 100% of out of pocket. My ex was on temp. assistance when this order was done, she is now on SSDI.

My youngest was just born, and was not considered in my income when the child support was.

I am current on all support, except out of pocket bills for my daughter.

My questions are:

1) My son's mom is constantly threatening to take me back to court to make me pay for extracurriculars and increase support. I barely have $100 of my paycheck left after working a full week at this point. Would it be likely that the court would increase my support at this point. Would they lower it? I am not interested in having it changed but just wondering what to expect. I don't mind splitting the cost of one activity per "season" but she has them in 2 or 3 things at a time and wants extra money for all of them, money for school clothing, school lunches, etc.

2) My daughter's mother obviously now has actual income from her SSDI, I would like that order to be changed to make her pay some of the out of pocket expenses. She constantly takes my daughter to expensive therapists and out of network providers just so she can send me the bill and then bring it up when we go to court that I haven't (i.e. can't afford to) pay them. Last time we went to court the judge said the support was roughly the right amount, so I am not expecting it to go up or down.

3) Lastly, does a new child in my household change anything with the calculations. I want to keep supporting my children but it is nearly impossible when I work 40+ hours and bring home $100 to support the family I have now as well.

1. go to the NY child support calculator and find out. It's possible it could have gone up (even with your reduction in income) since the time it was first ordered.

2. You'll have to go to court and request it. I do agree she'd be less likely to pick out of network doctors if she were required to pay some of the costs herself.

3. I highly doubt it. Your first obligation was to your children already here. Why did you make another one if you couldn't afford the ones you already had?

 

[single317dad]

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

My youngest was just born, and was not considered in my income when the child support was.

3) Lastly, does a new child in my household change anything with the calculations. I want to keep supporting my children but it is nearly impossible when I work 40+ hours and bring home $100 to support the family I have now as well.

New York is one of the states that makes allowances in support calculation for subsequent/prior children, but that's only for your own child. The rest of your new family has no bearing on your obligation to support your children from the previous marriage.

http://rochesterfamilylawyer.korotkinlaw.com/2011/01/29/multiple-child-support-orders-and-change-in-circumstances-warranting-modification-of-child-support/

 

[jmamlp18]

1. go to the NY child support calculator and find out. It's possible it could have gone up (even with your reduction in income) since the time it was first ordered.

2. You'll have to go to court and request it. I do agree she'd be less likely to pick out of network doctors if she were required to pay some of the costs herself.

3. I highly doubt it. Your first obligation was to your children already here. Why did you make another one if you couldn't afford the ones you already had?

Thank you for your response, even if they continue to make me responsible for 100% of OOP with my daughter, maybe I could ask that she must consult with me before taking her to an out of network provider.

As to #3, I was solely talking about my income. My wife has income as well, but if something were to happen I think it is crazy that the court expects a non-custodial parent to survive on $100 a week. Also, a large part of where my income goes is that the order for my sons require that I get insurance through my job if it offers it, so I have to pay 600 a month and have a $4,000 deductible even though we qualify for family health plus. If I do go back I will also be seeking a modification so I can procure insurance elsewhere if it is cheaper.

And just to clarify, I am not looking to lower my support in either case, as it stands I can afford what I pay but I am worried that son's mom will ask for more and more and I can't afford that.

 

[Silverplum]

Thank you for your response, even if they continue to make me responsible for 100% of OOP with my daughter, maybe I could ask that she must consult with me before taking her to an out of network provider.

As to #3, I was solely talking about my income. My wife has income as well, but if something were to happen I think it is crazy that the court expects a non-custodial parent to survive on $100 a week. Also, a large part of where my income goes is that the order for my sons require that I get insurance through my job if it offers it, so I have to pay 600 a month and have a $4,000 deductible even though we qualify for family health plus. If I do go back I will also be seeking a modification so I can procure insurance elsewhere if it is cheaper.

And just to clarify, I am not looking to lower my support in either case, as it stands I can afford what I pay but I am worried that son's mom will ask for more and more and I can't afford that.

No, the society in which you live and the court of NY expect you to pay for the children you have. It's as simple as that.

 

[BL]

New York State Child Support Standards Act.

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

http://www.nycourts.gov/divorce/forms_instructions/ud-8.pdf Calculator

http://www.divorcehq.com/calculators/newyork-child-support-calculator.shtml

http://forms.lp.findlaw.com/form/courtforms/state/ny/ny000481.pdf

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


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.