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11-13-2002, 11:01 PM
| | | What is the deal with NY child support laws and where can we find this information? What is the name of your state? new york is my state. every time i get in court with this one judge he is on a rampage, he does not like women! i have not had my child support order every changed/adjusted in 8 years. my divorce lawyer messed up my papers from the start he never typed up my order so the court told me i was not entitled to what was agreed on that day in court, which was for my sons dad to pay any health and dental bills for our son, since i did not have insurance and he did want to get it at the time. since then 8 years gone by my now husband has had my son on his insurance, for the last 4 years we have been paying all the copays and dental extra monies. I just found out that his father has been getting the difference we have been paying all these years since he added him to his insurance. Now we have 2 insurances. So I took this to court, I was grilled like i was a criminal. The judge told me I cant ask for a increase in support based on the ny state 17% chart/cost of living increase~!!! That this is not a good enough reason!! The judge also stated that i do not need 2 insurances on our son & the judge let my ex attorney grill me about dropping the insurance on our son! Hello - am I missing the point here... Its ok that he has been getting monies for the visits the last 4 years and keeping the money and the judge/lawyer can tell me to drop my insurance on my son,,, who the heck is going to pay his bills the judge or the lawyer?My sons father is not a active person in his life/does not take him to the Drs. Now i am told i have to look for work, prove what i made at my last job 6 years ago and the whole nine yards. the judge also kept grilling me as to "what special reasons i was asking for my support?" He kept saying "what special reasons till I was ready to die.His father is making now 22.00 to 26.00 verses when the order was made 8 years ago based on 8.00. Can I ask for another judge for the next hearing? what are my rights and where can i read on these crazy laws that dont apply to certian people?I was so afraid to answer his lawyers questions because he nit picked on every little dollar on our expense report too. When we came home we realized we had forgotten to put down we pay 38.00 week for insurance, they kept asking me over/over you sure your finacial statement is correct for your whole family! They dont want to be nice and explain nothing to you at all, they would rather humiliate you and make you feel like a criminal than to say I am sorry but maybe you are paying for some thing else that you forgot to put on your paper. Would that really be such a crime?I am so sick of hearing you need to get a lawyer, my lawyers I have had with this court kiss the back end and dont tell the truth/of what is really important that needs to be told. They also dont tell you what they are going to say in court. this was my husbands first experience with this and he felt so sick to his stomache, he did not believe me that the judge could be so rude and nasty, for the other side regardless of insurance fraud, not being responsible for his sons other half of health costs. well i am sick to death. Am I allowed to ask for a different judge? where can we find the laws on these type of things, like how much and how they figure the cost of support. Oh the other thing is he has been remarried with no children for the last 6 years, they make more than my husband together. can we appeal this judges decisions and take it to a higher court is that how it works? | 
11-14-2002, 03:42 AM
| | Senior Member | | Join Date: Mar 2002 Location: NC
Posts: 3,535
| | | You can find a child support calculator at [url]www.childsupportguidelines.com.[/url] It should also explain what the guidelines are for insurance if it's not stated in your order. If the NCP is providing and paying insurance, co pays can be split or sometimes the CP is responsible for covering them. As for other expenses, your order should say or you can see what the guidelines say.
If your ex is making more money, more then what the % of what your state says would constitute a modification then yes you should have recieved it. Keep in mind it is both parents responsibilities to take care of their children.
After reading the guidelines and looking at the calculator, if you feel they are in error, I suppose you can appeal it and ask for a change of venue. It will not go to a higher court as this is not a trial. It is an administrative hearing. At least, that's the way it was explained to me.
You can also go to [url]www.alllaw.com[/url] to look up your state statutes regarding child support.
You also need to keep in mind that the current wife is not obligated to support your children. Usually, the only time a new spouses income is figured into child support is if the NCP is willfully unemployed or underemployed (meaning they used to be a rocket scientist but quit to flip burgers).
Last edited by Grace_Adler; 11-14-2002 at 03:48 AM.
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11-14-2002, 01:09 PM
| | | | my orders counties have them mixed up and lost? Thanks for you reply. In the 8 years I have never taken him to court for more money/or support. I have been nothing but nice to him and my husband and I have been civil because of my son. This is how I have gotten repaid. My son is really hurt by all this. He cant understand why his dad would try to stick me with a 20,000 dollar bankrupcty issue - loan that I never applied for. My mom said he is doing this just to hurt us and that is the way he will always be. A lier, controller, thief and manipulator.
I have called the both support units that I have lived in and they both act as though I am talking out my back side.I have asked for copies of my orders. Any thing stating that my ex did not want to pay for insurance for his son. So the judge told him in court that day he's to be responsible for the bills. However that was not typed on my orders. I wrote them a letter today asking for some type of papers with it stating father refused to purchase insurance at this time, must pay for dr/dental bills then.
What is the big deal with me not working and my youngest is now in Kindergarten full time. Can they make me go to work because I am asking for more money to cover the copays on the Dr bills he is already got paid for the last 4 years and not told us? This is so messed up!
What kind of trouble can my ex get into if he filed bankruptcy last month. We got copies in the mail on this because the sleeze ball is trying to say that I was a borrower on one of the loans back 8 years ago that he has not paid. The sad part is his lawyer after we told him/we had copies of the check stub/loan papers, the money was borrowed before we ever had gotten married. The lawyer put me on it any ways. So if you want to mess with some ones life or ex partners lady/gentle men this is a good way to do it************** The same information on his finacial statements for child support are not even close and he told the banckruptcy court that he did not own any thing and on his child support papers it says he has a monthly house payment for the house they built last month. 100,000. house. He also stated he is paying 450.00 for rent/house payment of 650.00. The judge did not even blink on this. Duh~NY lets him file bankruptcy and his wifes not responsible for any thing! The last year they made over 70,000. And paid for none of the loans and bills/credit cards they had. And he told the bankrupcty court i just own a little undeveloped property is what he and his lawyer called it, we also had told his lawyer that he had built a house on this lot. Cant the lawyer also be in trouble for not reporting the truth?
I found out by a accident, I called his insurance company and they told me that they pay him direct and he pays the bills. This was news to me and my husband! So for the last 4 years he gets paid all the copays which is 15.00 each time I take my son to any Dr for the last 4 years. And the judge and his lawyers answers are, well dont you have a primary insurance and will your cost be any different if you take your son off your insurance policy? I am baffled.... Our insurance company states that they will only insure a child if they are residing with us. How can he have insurance on my son then? Maybe he is lying about that too.
I dont get it!If we take him off our policy then every time I take him to the Dr I am going to be totally responsible for the whole visit because he resides with me and I am signing I am responsible for his Dr payments. Every time we go our Dr makes us sign a paper saying we are responsible for the payment. If his father was to drop him from his insurance then he never tells us stuff we would also be at a huge risk finacially. If my son was to get terminally sick our insurance only covers 80% of the cost. My mother and brother in law have both had cancer. The treatments alone has cost my sister more than 2,000 out of pocket after there insurance pays.
What is wrong with this system? I just want his father to pay for the visits that he has already gotten paid for by the insurance. It wont cost him a penny, its free money to him. The judge cant see what I am saying. So in my eyes he is "P" to women! He allowed the lawyer to mislead me with his questions. What is the position of the judge any ways? What is his job to do in the courtroom because me and my husband are really confused at this point. I told my husband that after this is all said and done I am going to file a complaint against this judge. My husband is afraid of what is to happen. I dont care if no one stands up to "P" judges with really bad attitudes and words then who will. Last I knew that was against the law.
The lady lawyer they appointed me when me and my ex seperated was also nasty. She went behind my back and spoke to a divorce lawyer that I went to for a free consultation. Oh my free consultation also ended up costing me 150.00 she charged me for every minute of her time and when I went she told me it would be a free consultation. I made the mistake and told the divorce lawyer who the court appointed me.They talked about what we discussed and how I would like to type up my divorce order. I thought that was also against the law too, since i did not give them permission and she never asked me. No I did not hire the lady attorney for my divorce after that. What a weasel she was.
As you see Broome County has some really bad apples in the area. The good part is some day sun does shine and I will be there to pick it up. I know one thing I wish I had gone to school to become a lawyer. Just like every thing else in life, there are good people out there and bad people out there. I always seem to get the bad ones. | |
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