• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How Is The Amount Of Childsupport Truly Assessed???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

sickofbias

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? NY

My husband and I have a 2 year old daughter. He also has a 4 year old child with an ex-girlfriend and pays child support. Because he was out of work for a while, he accumulated arrears. Now he is working nights making about 10 dollars an hour, bringing home about $350/week. It was court-ordered that he pay 203 dollars/week (including arrears) before he was employed, and I've been making the payments (with help from family) until he found a job . After he finally started working, the SCU tacked on an "additional amount", thus garnishing his paycheck for $304 a week!!! This is almost 100% of his paycheck, not to mention that there are weeks where he doesn't work as many hours. First of all, I think that this amount is ABSOULUTELY RIDICULOUS for child support. But what I am curious to know is, are they using MY income in their calculation as well? I have never been allowed into the courtroom for the child support hearings, never been allowed to defend my position as well as my daughter's, and the SCU claims that the fact that my husband has another child doesn't matter because she was born AFTER the other child. HOWEVER, it seems mighty convenient of them to use that excuse to keep me us out of the picture, yet when it comes to assessing the child support amount, seems like they are looking straight at ME. the family court system is truly truly corrupt. and I'd like to know where that money is REALLY going to. I'm sure it's probably going to his ex's manicures and haircuts.

PLEASE, WHAT COULD BE DONE TO CHANGE THIS?? EVERYTIME MY HUSBAND CALLS THEY SCU, THEY HANG UP ON HIM BECAUSE HE'S A MAN. Not to mention, the petition for modification is merely IMPOSSIBLE to fill out with the legal jargon they use.
 


M

MominNJ

Member
The 'additional amount" you mentioned is a percent of the arrears. When the arrears are paid off, it will go back to the original amount. It has nothing to so with your income.
 
stealth2

stealth2

Under the Radar Member
Just how far in arrears is he? Is $10/hr what he was making prior to being out of work? Why was he out of work (i.e. fired, laid off, quit, etc)? My guess would be that the court believes he is voluntarily underemployed and is imputing a higher income to him.
 
G

genivieve

Member
Quote- the family court system is truly truly corrupt. and I'd like to know where that money is REALLY going to. I'm sure it's probably going to his ex's manicures and haircuts.

Corrupt..... Welcome to NY. I just love the fact that CS is based on gross income. Ny loves its taxes. (Most ppl fail to realize we pay some of the highest of the country) They could care less if your husband came home with ten bucks a week. They could care less if your new child has to go without so they previous child's mother can live better. Isnt it alittle funny how the system works? A man must provide a large amount of his income to his previous children yet the new mother basically has to support her own kids because CS is taking so much of his check.
 
Last edited:
M

MominNJ

Member
Re

sickofbias said:
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? NY

My husband and I have a 2 year old daughter. He also has a 4 year old child with an ex-girlfriend and pays child support. Because he was out of work for a while, he accumulated arrears. Now he is working nights making about 10 dollars an hour, bringing home about $350/week. It was court-ordered that he pay 203 dollars/week (including arrears) before he was employed, and I've been making the payments (with help from family) until he found a job . After he finally started working, the SCU tacked on an "additional amount", thus garnishing his paycheck for $304 a week!!! This is almost 100% of his paycheck, not to mention that there are weeks where he doesn't work as many hours. First of all, I think that this amount is ABSOULUTELY RIDICULOUS for child support.
It is quite high for one child. Especially if he's only making ten dollars an hour. My guess is he was making much more when the original order was made.
But what I am curious to know is, are they using MY income in their calculation as well? I have never been allowed into the courtroom for the child support hearings, never been allowed to defend my position as well as my daughter's, and the SCU claims that the fact that my husband has another child doesn't matter because she was born AFTER the other child. HOWEVER, it seems mighty convenient of them to use that excuse to keep me us out of the picture, yet when it comes to assessing the child support amount, seems like they are looking straight at ME. the family court system is truly truly corrupt. and I'd like to know where that money is REALLY going to. I'm sure it's probably going to his ex's manicures and haircuts.

Whatever the mom actually uses it for is not the issue. Does the child have a roof over it's head, clean clothing, food in the fridge? If so, the child support is at work.
PLEASE, WHAT COULD BE DONE TO CHANGE THIS?? EVERYTIME MY HUSBAND CALLS THEY SCU, THEY HANG UP ON HIM BECAUSE HE'S A MAN.
I doubt that's the reason they hang up on him. Truly.

Not to mention, the petition for modification is merely IMPOSSIBLE to fill out with the legal jargon they use.
Click to expand...
You can get a dictionary to figure out what the terms mean. That's a start. Or you can pose specific questions about what you don't understand and someone here can help you interpret it.
 
H

haiku

Senior Member
I would imagine he was making more than 10 dollars an hour at the time his support was originally set.

by not immediately asking for a modification at the time he lost his job, he set himself up to have to pay back the amount of money he just stopped paying. just like rent mortgage or car payment, child support must be paid.

A lot of the 'sympathy' he will get in court, will relate to how well he cooperates, and attempted to continue to pay his obligation to his kids even when it was a hardship for him to do so.

Why did he lose his job? Why his his new job low paying? What attempts is he making to change that? etc.....

just like rents and mortgages, a child support 'bill" must be considered before you budget in new purchases, in a 'second' family. This also includes the ability to add to a "second' family.
 
G

Gracie3787

Senior Member
sickofbias said:
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? NY

My husband and I have a 2 year old daughter. He also has a 4 year old child with an ex-girlfriend and pays child support. Because he was out of work for a while, he accumulated arrears. Now he is working nights making about 10 dollars an hour, bringing home about $350/week. It was court-ordered that he pay 203 dollars/week (including arrears) before he was employed, and I've been making the payments (with help from family) until he found a job . After he finally started working, the SCU tacked on an "additional amount", thus garnishing his paycheck for $304 a week!!! This is almost 100% of his paycheck, not to mention that there are weeks where he doesn't work as many hours. First of all, I think that this amount is ABSOULUTELY RIDICULOUS for child support. But what I am curious to know is, are they using MY income in their calculation as well? I have never been allowed into the courtroom for the child support hearings, never been allowed to defend my position as well as my daughter's, and the SCU claims that the fact that my husband has another child doesn't matter because she was born AFTER the other child. HOWEVER, it seems mighty convenient of them to use that excuse to keep me us out of the picture, yet when it comes to assessing the child support amount, seems like they are looking straight at ME. the family court system is truly truly corrupt. and I'd like to know where that money is REALLY going to. I'm sure it's probably going to his ex's manicures and haircuts.

PLEASE, WHAT COULD BE DONE TO CHANGE THIS?? EVERYTIME MY HUSBAND CALLS THEY SCU, THEY HANG UP ON HIM BECAUSE HE'S A MAN. Not to mention, the petition for modification is merely IMPOSSIBLE to fill out with the legal jargon they use.
Click to expand...
Tell your husband to get a copy of the Consumer Credit Protection Act and take it to his employer.
This act states that when an obligor has a second family The maximum amount that can be garnished is 55 % of NET pay.
When my Husband had to do this, he also sent a copy to CSE to "remind" them of the FEDERAL law. ;)
 
Last edited:
S

sickofbias

Junior Member
Thank you, I was completely unaware of that act. One question, were they responsive to your husband after he reminded them of this act?
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top