Am I to pay Child support for a child not mine?

[Jcolon515]

What is the name of your state? FL
ok here's the situation about a two years ago, my fiance's sons mother put him on child support. She lives in Brooklyn, NYC. He moved down here with me FL. Well when he was asked to produce his income he did. The judge asked him who he lived with and he said with my fiance and her 4 children and we had one on the way. Well the judge asked for my W2's also. I couldn't understand why?? Well at first his payments was $93 and we paid for him to fly back and forth from NYC to us. GREAT. Well then the case went back to court and the judge ordered him to pay $249.00 every two weeks. Now he only makes $8.50 an hour. Well when we called child support they stated that because he lived with me they were including my income also. I mean he's my stepson but I have 4 children of my own that i don't get a penny of child support for!! How am I responsible for this child that's not even mines legally? To top it off he was done paying his arrears and soon as we got the letter saying he was at a zero balance and that his payments would be down to $149 ($100 is being taken out to pay for arrears) we got slapped with another 2g's he owes. When he called they said oh that's for the medicaid she's collecting?? This is crazy!?! Can anyone offer advice on this.

 

[BL]

What is the name of your state? FL
ok here's the situation about a two years ago, my fiance's sons mother put him on child support. She lives in Brooklyn, NYC. He moved down here with me FL. Well when he was asked to produce his income he did. The judge asked him who he lived with and he said with my fiance and her 4 children and we had one on the way. Well the judge asked for my W2's also. I couldn't understand why?? Well at first his payments was $93 and we paid for him to fly back and forth from NYC to us. GREAT. Well then the case went back to court and the judge ordered him to pay $249.00 every two weeks. Now he only makes $8.50 an hour. Well when we called child support they stated that because he lived with me they were including my income also. I mean he's my stepson but I have 4 children of my own that i don't get a penny of child support for!! How am I responsible for this child that's not even mines legally? To top it off he was done paying his arrears and soon as we got the letter saying he was at a zero balance and that his payments would be down to $149 ($100 is being taken out to pay for arrears) we got slapped with another 2g's he owes. When he called they said oh that's for the medicaid she's collecting?? This is crazy!?! Can anyone offer advice on this.

Has it been over 30 days since the CS hearing ?

If not he/you search google for New York State Child support standards act , and New York State child support calculator .

Then within the 30 days of the CS entry , he has 30 days to submit a line by line written objection to the order .

He should have gotten that information with the order , or on the order .

If it's been over 30 days , I really don't know what to say except that if your income is not suppose to be included , he should consult with an attorney in NY to submit whatever motion he has to .

Yes, they can make him responsible for medical cost .

 

[Jcolon515]

Has it been over 30 days since the CS hearing ?

If not he/you search google for New York State Child support standards act , and New York State child support calculator .

Then within the 30 days of the CS entry , he has 30 days to submit a line by line written objection to the order .

He should have gotten that information with the order , or on the order .



If it's been over 30 days , I really don't know what to say except that if your income is not suppose to be included , he should consult with an attorney in NY to submit whatever motion he has to .

Yes, they can make him responsible for medical cost .

yea its been over 30 days..when he got the initial payment of $93 he put in a request to have it reviewed b/c they were including my income. And the second hearing that's when they slapped him with $249 for payment. I know he's required to pay the medical, but we initially thought that was his original arrears. So after he was done paying the initial arrears thats when they slapped him with the extra 2g's.

 

[Jcolon515]

oh yea another quest,, if he starts working a second job are they going to go after that money too?? and make him pay more?

 

[BL]

oh yea another quest,, if he starts working a second job are they going to go after that money too?? and make him pay more?

NY orders include notifying the other party within 10 days ( If I remember the days right ) , of changes .

Yes , he could be petitioned for more .

 

[Jcolon515]

so he has to notify her (the baby's mom) or CS? ugh..im just so frustrated with this..how can they include my income..unbelievable. well i guess we just need to file a motion to get this straightened out.

 

[Jcolon515]

oh yea and she just moved to boston, ma so im assuming she's responsible for telling them that or do we? would they then go by boston laws?? Also, if she applies for aide there does taht mean this whole thing will start all over or carry on as it is now? sorry so many ques?? just confused as to what to do.

 

[BL]

so he has to notify her (the baby's mom) or CS? ugh..im just so frustrated with this..how can they include my income..unbelievable. well i guess we just need to file a motion to get this straightened out.

http://www.divorcenet.com/states/new_york/ny_child_support_worksheet

In the "exercise of discretion" the
court may attribute or impute income from
"any resources", including:

If NY CSEU is collecting the CS , he would notify them . They would catch it sooner or later anyways , and owe more in arrears .

 

[Jcolon515]

http://www.divorcenet.com/states/new_york/ny_child_support_worksheet

In the "exercise of discretion" the
court may attribute or impute income from
"any resources", including:

If NY CSEU is collecting the CS , he would notify them . They would catch it sooner or later anyways , and owe more in arrears .

thank you for that link...and thank u for responding so quickly...seems like ur the only one that knows about this.. so if they excercise discretion they should have excersied the fact that i get no child support for my other 4 children dont ya think?

we'll def get a hold of cs and let them know..he has it deducted from his paycheck so he's been paying as ordered. we definitely dont' want any problems,

 

[BL]

thank you for that link...and thank u for responding so quickly...seems like ur the only one that knows about this.. so if they excercise discretion they should have excersied the fact that i get no child support for my other 4 children dont ya think?

we'll def get a hold of cs and let them know..he has it deducted from his paycheck so he's been paying as ordered. we definitely dont' want any problems,

It's not really you they are calculating , but him and any resources that support him .

An objection would have went to a Judge to decide if the examiner was correct it his/her ruling or not and why . He would have received the Judges decision .

Sometimes they abuse their discretion , I had an appeal that stated the family court judge abused his discretion it custody/visitation case , so it does happen .

 

[qurice]

Sometimes they abuse their discretion , I had an appeal that stated the family court judge abused his discretion it custody/visitation case , so it does happen .

I wonder if the outcome would have been different if dad was living with a 'roommate'.

OP, have you looked into getting or enforcing any orders for your own children? That would help dad take care of his one, so you don't have to pick up the slack.