CS Advice Needed PLEASE!

Two Questions! I'm in Erie County, New York, my child support is stated in my divorce, I have returned to family court to have the amount raised after the three years. The judge told me I have to rehash the divorce. More or less threw me out and now I need to know if the next step is to go back to Supreme Court or what??? My divorce was scarey because x-husband had taken my daughter away from me and kept me away from her by moving in with his mother. This divorce was my only way to get her back and she is with me now thank God! Please help. Am I allowed to go back like most do every three years to update???

Did you contact the Child Support Enforcement Unit? In NYS, we have offices in each county. They provide advice, assistance, and have attorneys available. The one in Erie County is on Franklin Street in Buffalo at (716) 858-8309. There is also a website.

In most states, you can't just bring your ex back to court every three years to have the amount of child support modified. In order to have it modified, there must be a change in circumstances, such as a substantial increase in your ex's income. The fact that three years have passed is NOT a good enough reason for the court to consider modification.

I have been to ChildSupport Enforcement people who have told me to go to family court and NO they don't have lawyers who will help just anyone. They wouldn't help me unless he was substantially behind in payments. I've had change in circumstance, my child support I get is 45 week, He no longer takes my daughter every other weekend and the two days during the week he is allowed because he has moved away. This extended visitation was the reason for such low CS amount. So, to rehash a divorce not even Neighborhood Legal Services do it nor do Volunteer Lawyers Group. I'm also afraid that if I do go back to court he'll start another custody fight with me.

Generally speaking, CS is not determined by the amount of "visitation" allowed. So, you think you should get more money because you have her an extra four days a month now? The only thing you are interested in, honey, is MONEY.

I wish it were that simple. To say that I'm a money hungry person. There are people in this world that are. After a three year long divorce, the lawyer fees I gladly paid for getting my daughter was well worth it. But, because at the time of not really knowing for sure if I would have my daughter back, I was basically out of my mind. He cried in front of the judge and told his lawyer he wanted 50% of the time with my daughter. They told me my ex would have Tues and Thurs and every other weekend starting on Thursday, they called it extended visitation. It is stated in my divorce that because of this extended visitation he would only pay 45$ a week. That was also never based on his actual income. What I want is what my daughter deserves; the state guideline support of 17% based on his income. I'm not looking for revenge, she is entitled to it. I'm not like a lot of mothers I see who don't spend this money on their kids.
I'M A REAL MOM!!!!!!!!

I apologize for the last comment I made.
You did't make yourself very clear, and I got the wrong impression. There has definitely been a change in circumstances. I assume you agreed to the $45/week. Even though it was stated in your divorce settlement, I don't understand why they are saying that you have to go back and rehash the divorce. That makes no sense! Custody, child support, and divorce are THREE different issues. Your child deserves that 17%!!!! Please find a lawyer who will pursue this for you. Again, please accept my apology.

Consider what might happen if you do go back to court for more child support. Is he likely to resume the old visitation schedule again? Are you willing to live with that? If you do go back to court, he just might decided he'd rather not have to pay you more by resuming the old visitation schedule. What is in the best interest of your child? Good luck.

Well, I did agree. At that time, my job paid me alot of money, I was also under the impression that the amount of money he was contributing to the day care costs was supposed to come to me after she started school. Since, I've lost my job, getting food stamps and HEAP is going to kick in. Also this visitation thing; He lives eight 8 hours away now, married and has a new baby. I'm not sure he'll jump to move back right in on that schedule unless he and his wife want to pack up and move back here.

October I accept appology and no hard feelings.

Also when I went back to court the first time the Judge told me to rehash my divorce and threw me out of court. It was because he stated that there was no meeting of the minds. Whatever that means. Any way he went back to that visitation schedule for a few weeks and then moved to Albany. I guess just to spite me. Another thing, since I lost my job, I lost her health insurance which he picked up and now he thinks that I owe him half. Maybe I'm just better off without asking for more. I don't want him back here. He is a very abusive man and I don't want the aggrevation. I just can't believe he won't do better for our daughter. That's the main thing. It's beyond my comprehension. I know I'd have contributed more than he ever has.