child support modification

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

NCP has informed me of his intention to file for a modification of support. I'm assuming he will suceed in being granted the minimum of $50/month. Fine by me, $50/mo. is more than the $0 he pays now. My question is, will this retroactively effect what he owes in arrears? Also, he was found guilty of willful non-payment (twice) and ordered to pay $856 (first conviction) and $1,088 (second conviction) will the reduced child support effect these two money judgements?

And before anyone asks why he waited this long to ask for a modification, I haven't a clue.

RiverSong42 said:

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

NCP has informed me of his intention to file for a modification of support. I'm assuming he will suceed in being granted the minimum of $50/month. Fine by me, $50/mo. is more than the $0 he pays now. My question is, will this retroactively effect what he owes in arrears? Also, he was found guilty of willful non-payment (twice) and ordered to pay $856 (first conviction) and $1,088 (second conviction) will the reduced child support effect these two money judgements?

And before anyone asks why he waited this long to ask for a modification, I haven't a clue.

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If there is a modification, it would go back to date of filing. Now, why does he think he should be granted a modification?

He hasn't worked since May 2010, and is now filing for disability. He claims he is "100% physically and mentally disabled" and has "7 doctors" to back him up. I don't care much if he gets a modification. He's paid $250 total in the last year. So its not like I'm relying on his payments to support the kids.

RiverSong42 said:

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

NCP has informed me of his intention to file for a modification of support. I'm assuming he will suceed in being granted the minimum of $50/month. Fine by me, $50/mo. is more than the $0 he pays now. My question is, will this retroactively effect what he owes in arrears? Also, he was found guilty of willful non-payment (twice) and ordered to pay $856 (first conviction) and $1,088 (second conviction) will the reduced child support effect these two money judgements?

And before anyone asks why he waited this long to ask for a modification, I haven't a clue.

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It will not affect arrears that had accumulated as of the date of filing. If the modification is granted, it CAN be made retroactive to the date of filing, but doesn't have to be. In your case, it probably would be. It will also not affect any existing judgments against him.

That said, I wouldn't count on receiving the $50 per month, either.

He would have to be able to PROVE that he is disabled.

TinkerBelleLuvr said:

He would have to be able to PROVE that he is disabled.

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He had applied for ssdi, I'm assuming if he is approved, the judge will take that as proof.

RiverSong42 said:

He had applied for ssdi, I'm assuming if he is approved, the judge will take that as proof.

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Has he worked enough to get SSDI (versus SSI)?

If he has, you can apply for dependent benefits; these are generally considered to be in lieu of support (and would be higher than $50/month). SSDI can also be garnished for arrears.

If he hasn't, you can basically forget any chance of collecting if he doesn't want to pay - because SSI cannot be garnished.

(This assumes he is approved, of course)

Proserpina said:

Has he worked enough to get SSDI (versus SSI)?

If he has, you can apply for dependent benefits; these are generally considered to be in lieu of support (and would be higher than $50/month). SSDI can also be garnished for arrears.

If he hasn't, you can basically forget any chance of collecting if he doesn't want to pay - because SSI cannot be garnished.

(This assumes he is approved, of course)

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I have no idea. He is only 28 and hasn't held a job for more than 2 years consecutively. He told me he was applying for ssdi, but I have no way of knowing if that's correct.

I'm not expecting him to pay voluntary. Just needed to know if he gets a modification how far back it will retro. (Back to the date he files)

RiverSong42 said:

I have no idea. He is only 28 and hasn't held a job for more than 2 years consecutively. He told me he was applying for ssdi, but I have no way of knowing if that's correct.

I'm not expecting him to pay voluntary. Just needed to know if he gets a modification how far back it will retro. (Back to the date he files)

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Well, if he gets SSI you can basically wave goodbye to anything he owes.

If he gets SSDI - you can work with that. And again, if he DOES get SSDI..well, the dependent benefits will likely be substantially more than $50/month.

(And no, he won't get a choice about that)

Based on the fact that he has no history of working long term, then he is looking at SSI. He would have to have a lot more than a speech that 7 doctors looked at him.

It's possible the court would take his proof of SSA application into account and any Dr's. statements saying he can not work at gainfull employment .

How has he been supported during his unemployed period?

BL said:

How has he been supported during his unemployed period?

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He lives with his girlfriend.

RiverSong42 said:

He lives with his girlfriend.

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Unless the Court concludes that he is capable of gainful employment in an earning capacity as he had in the past and imputes that or minimum wage ,then the standards for little or no income will apply.

BL said:

Unless the Court concludes that he is capable of gainful employment in an earning capacity as he had in the past and imputes that or minimum wage ,then the standards for little or no income will apply.

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The original order was made at a time when he was unemployed, based on previous jobs, and set at $32/week for 2 children. I'm told the minimum for two children is $50/month.

All together, I don't expect to receive anything, really. He was paying semi-regularly for a few weeks, but once CSE called him to let him know he was about to be in violation and sent to jail, he sent me $120, and a nasty email complaining that since I was trying to get him thrown in jail, he won't be sending anything more.

The complete lack of logic involved in that, actually caused me to laugh.

I didn't know if I should start a new post or not...

So I received a summons to court, he petitioned for a reduction in CS, specifically stating he can't afford to pay more then $50/month. He had to submit an affidavit disclosing his financial information. It basically says, he has $0 income, his girlfriend gets ssi and pays the rent, he does not receive food stamps, or any other welfare-type stuff, and basically what he pays for electricity and phone for the month. It does not include the income he.receives for working for his step-father a couple days a week (which is how he paid CS for the last 2 months when they threatened him with jail) I have an email from him that says "ok going to (step-father's name's) shop to work, will send money in on Monday" which is the only proof I have that he has been receiving an income (other than the semi-regular payments he made for since December)

Will that little email be enough proof that he lied on the affidavit? If it is, will it even matter?