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Totally getting screwed for 10 years by New York Child Support

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M

MAD WIFE

Guest
What is the name of your state?What is the name of your state?What is the name of your state? Georgia

This is going to be a little lengthy so bear with me.
My husband has been paying child support for his 10 yr old boy in NY since 1994. We have now relocated to GA and we have 3 children together (9,6 &3) and 1 on the way. His original court order was to pay $61 dollars per week. Which mind you, he was the one who took the initiative and go file the paperwork to say he was the father of the child.

In Nov 2003 they increased his child support to $450 per week ($300 for support & $150 for arrears) for 1 child which was approx %80 give or take of his check. By the time he got his earnings for the week after taxes and child support his check was less than $100. We then filed a petition to have the child support modified and also to find out how on earth the court could just make a judgement in a case without us being served any court papers to state our case in court. Since we live in GA and the case is in NY we requested to have an electronic testimony. Back in April 2004 the case was heard Via electronic testimony.

Besides the judge being a straight B***, total rude and treating my husband like a dead beat dad which he is not she told him that he needed to appear before the court in June 2004 to state his case because he had difficulty hearing her over the speaker phone. He asked her how is she able to increase a child supoport order to so much and she told him that she could raise it as much as she felt like since he didn't show up for court (He was never served any papers stating that he had a court date). He also told her that he had other children to care for and she said that unless I have a court order stating that he was paying child support for them she wouldn't even consider them. He then asked if she could at least put the child support order on hold until he was able to scramble enough money to take a trip up there and she said no that is not her problem and then hung up the phone on him. I need to know the following..

We originally told the court that we were not together because I did not want then to consider my income in factoring how much money they would take from him. Can they even factor in my income?? Where can I find info on this?

When is a judge obligated to consider other children that a NCP has?? Where can I find info.

We were never served papers. What are the laws regarding how a person is to be served

The court system seems to be really screwed up in NY and always in favor of the mother or CP.
 


BL

Senior Member
http://www.divorcelawinfo.com/states/ny/cal/NYCSC.html

I have always had to have the other party served and an affidavit of Personal Service signed and notarized by a person 18 yrs. or older not a Party to the action.

I was sent a summons to an old address once , and when I went to court the Judge noticed I was not properly served,but I agreed to have the case heard anyways.
If this was truly the case, an order should not have been signed .

In addition a Judge can-not just set any amount. NY has Guidelines. A judge has the authority to deviate from them in certain circumstances.

Another thing to keep in mind,after a hearing you have 30 days to submit written objections to the ruling. After that upon proper procedures that right is lost.

I would show up or plan on keep paying that amount.

Do your research and have it in order ( copies) for the Court , to testify to.
Hearings are usually recorded.

Yes NY courts are a battle . I'd ask the court to show you how you were properly served . Then If they can't argue the order never should have occurred.
 
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M

MAD WIFE

Guest
Even though the courts have guidelines to go by what is the point if they want to have 1001 addendums to go along with it? The judge was basically telling my husband that since he decided not to show for court they made a judgement by default. We are really doing a lot of research at this point and we have already requested to have a copy of the proof of signature sent to us, so that is in the works. We are keeping records and documents on everything. I am pretty much right now trying to research everything that I possibly can on this to help us in our case.

Thx for your response. :eek:)
 

stealth2

Under the Radar Member
NY does not take additional children into account unless there is a prior support order for them. Your income is also not taken into account.
 
M

MAD WIFE

Guest
What kind of crap is that. If a NCP is married and has other children that live in the home and he is supporting you are telling me that the judge can totally disregard them?? How is that possible?? Please advise where I can find out about this.
 

stealth2

Under the Radar Member
If either parent - CP OR NCP - has additional children, s/he should have taken his/her financial situation and ability to provide for them before having them. Why should his 10yo son have to suffer because the two of you decided to have 4 (FOUR!!!) more? What sort of crap is THAT if you can't afford it?
 

stealth2

Under the Radar Member
Kristyna said:
At $61 per week, they probably could afford it. But now that it's $450/week...
He's being charged arrears, so the $61 was probably even a struggle. They don't just appear out of nowhere, usually.
 

nextwife

Senior Member
"Why should his 10yo son have to suffer because the two of you decided to have 4 (FOUR!!!) more? What sort of crap is THAT if you can't afford it?"

Although, a child has no control over their birth order. A child should be entitled to somewhat equivilant support from their parent whether born first or fourth. Intact families don't give 50% to one child and divide the difference between the latter 3. Neither child should be made to suffer, they should all be taken into consideration, as all children should be deserving of support from their parents.

But that's just MHO.
 
M

MAD WIFE

Guest
@ $61 per week we were able to afford it. They went and increased the support order from $61 per week to $350 per week + $150 extra per week for arrears that we had just caught up with, WITHOUT our knowledge. My exact point is what Next wife was saying.... if all of these children were in this home living with us, I wouldn't being giving one child $350 per week to support that one and then taking the remainding $190 to divide up amongst the other 4. My husband is to CONTRIBUTE to taking care of his child, Not his babies momma too. @ $450 per week, She is getting $1800 for 1 child + herself. Oh not to mention that she has another baby by someone else that she is probably collecting on too. She might as well just sit home and make a career of having a whole bunch of babies by different daddys and make a career out of it. It is so easy for everyone to feel sorry and defend the NCP but no one ever wants to look at the actions of these women also. She is up here laying up having babies out of wedlock with no commitment. She had options and she chose to go forward and keep this child which is her choice and my husband had no say in that. No one wants to look at this as being a problem. Yes, my husband was in the wrong too, but it seems as though they are trying to punish him but not hold the CP accountable too. My husband has ALWAYS from day one been paying his child support. The reason he was in arrears was when he was laid off of work and he STILL sent money out of his unemployment check in which he could not afford but knew he had to do. So Mr/Ms Stealth2 You just have no idea. It is really easy to give advice on a situation that you are not in. Are you a lawyer or something???
 
R

rachelweathers

Guest
nextwife said:
"Why should his 10yo son have to suffer because the two of you decided to have 4 (FOUR!!!) more? What sort of crap is THAT if you can't afford it?"

Although, a child has no control over their birth order. A child should be entitled to somewhat equivilant support from their parent whether born first or fourth. Intact families don't give 50% to one child and divide the difference between the latter 3. Neither child should be made to suffer, they should all be taken into consideration, as all children should be deserving of support from their parents.

But that's just MHO.

You are exactly right. Children should get equal support and love, and all children need to be considered in child support cases. It is unfair to tell 3 other kids that they can't have any new clothes because all of your father's money has to go to his first child (which in reality is probably paying for the mother's bills so she don't have to take responsibility and just sit on the couch all day). It seems to me that NCP's aren't allowed to care for their other children and CP's do not have to take care of their part of raising a child, financially that is. It takes two people to make a child, so both need to put in the same amount, and from my experience, the CP never does and just tries to punish the father as much as possible. Child support can really use some reform!!!!!!!!!!!!!!!!
 
MAD WIFE said:
@ $61 per week we were able to afford it. They went and increased the support order from $61 per week to $350 per week + $150 extra per week for arrears that we had just caught up with, WITHOUT our knowledge. My exact point is what Next wife was saying.... if all of these children were in this home living with us, I wouldn't being giving one child $350 per week to support that one and then taking the remainding $190 to divide up amongst the other 4. My husband is to CONTRIBUTE to taking care of his child, Not his babies momma too. @ $450 per week, She is getting $1800 for 1 child + herself. Oh not to mention that she has another baby by someone else that she is probably collecting on too. She might as well just sit home and make a career of having a whole bunch of babies by different daddys and make a career out of it. It is so easy for everyone to feel sorry and defend the NCP but no one ever wants to look at the actions of these women also. She is up here laying up having babies out of wedlock with no commitment. She had options and she chose to go forward and keep this child which is her choice and my husband had no say in that. No one wants to look at this as being a problem. Yes, my husband was in the wrong too, but it seems as though they are trying to punish him but not hold the CP accountable too. My husband has ALWAYS from day one been paying his child support. The reason he was in arrears was when he was laid off of work and he STILL sent money out of his unemployment check in which he could not afford but knew he had to do. So Mr/Ms Stealth2 You just have no idea. It is really easy to give advice on a situation that you are not in. Are you a lawyer or something???
I completely empathize with you!

My husband went through this EXACT same thing; the exception being his ex lived in California, we lived in Florida - and Michigan had jurisdiction of the child support.

My husband had to pay 65.00 a week (it fluctuated up and down just a bit - the highest was 79.00 a week) from the time I met him in 1990 until the support ended in August 2001 at the age of 18. He never had any more children, but he did help me raise my youngest during my joint custody schedule - and believe it or not, Michigan actually DID take into consideration. Why? I don't know - maybe because we kept the lines of communication open, because we fought so hard just to get visitation of his son, or because we had a decent Friend of the Court officer - I don't know..

Welllll... the ex-wife thought she could just go sit her butt on welfare, have more babies, get all of her college paid for (PLUS her MASTERS degree), and collect child support from 3 different dads. She tried to get things moved to California instead of Michigan and we fought that tooth and nail. California wanted OVER 1300.00 a MONTH for child support for ONE child. Multiply THAT amount x 4 kids and this woman is living high on the hog, getting her degree and to hell with the fathers of her kids. (not to mention he had to file contempt of court charges every time my husband wanted to see his son).

THANK heavens Michigan her figured out and would not let child support out of their state. When she petitioned MI, my husband was told he had to be in the courtroom or he would get a default. We drove all the way up there from Florida to the very tip of Michigan (Harbor Springs/Petoskey) for court - and she never bothered showing up; even though MI told us the day before we left that his ex had stated she would be there.

By the ex's age, and the age of her youngest child, she would have received child support until she is 55 and then would have only had to get up off her duff and actually WORK for another 10 years.

Good luck to you and your husband. I know you don't see at all how you will survive. Try not to be bitter - I completely understand how difficult it is. Stepkids are wonderful, I sincerely hope that your husband gets to have a relationship with his older son. And do remember, it is only another 8 years; as hard as it that will be.
 

cocobunny

Member
Just the facts Mam

MAD WIFE ......My husband is to CONTRIBUTE to taking care of his child, Not his babies momma too. @ $450 per week, She is getting $1800 for 1 child + herself. Oh not to mention that she has another baby by someone else that she is probably collecting on too. She might as well just sit home and make a career of having a whole bunch of babies by different daddys and make a career out of it.

...... She is up here laying up having babies out of wedlock with no commitment. She had options and she chose to go forward and keep this child which is her choice and my husband had no say in that.......

1. She is not getting $1800 "for 1 child + herself" , it is for "the child". The rest is just your opinion. :rolleyes:

2. If you dont know if she is actually collecting child support for the second child then its just your speculation once again. BTW: That child has the right to be support by its NCP as well. So why shouldn't she collect CS for that child??

3. >>She might as well just sit at home and make a career of having a whole bunch of babies by different daddies...." <<

A whole bunch is now 2?! You have 4..... :rolleyes:
And just because her children are from different fathers doesnt make her a bad person. Stay focused on the issue and not the person. The issue is the increase of child support.

4. New Yorks cost of living is much higher than other places. The judge may have taken that into account.

I agree that the judge was very rude. And by some standards the increase seems high. I hope you guys get this worked out. Keep us posted. :)
 
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