Child support payments

[SINCITY89103]

What is the name of your state? NC

When I went to court I think they computed my payment wrong. On the NC state child support calculator it gave me a different amount than they did. I used the same exact incomes the case worker did. There computation equals almost 20% of both gross monthly incomes. It is suppose to be only 18%. I know this can be appealed, but how?

The main question:
My ex will NOT let me take my child for out of state for visits. She resides in NY. I have posted my right to out of state visits on a different thread. My question here concering support is: If she refuses to let me take her for out of state visits, can't I get my child support payments lowered because of all the traveling I need to do in order to see my child? I can barely afford to squeak by now with my payments. I can't afford to take time off of work anymore and I do not have the money to travel back and fourth anymore. Is this grounds for an appeal to lower my payments? If not can I force out of state visitations?

 

[BL]

It sounds like you need to modify the Orders . Since you live out of State , you should be allowed visitation .
That Order needs to be modified .

After that Order is modified , you need to see if you can have you Child Support payments modified .

We do not know if you moved from NY after an Order was made and created the issues yourself , or what Exactly the Orders State , or for that Fact , What State made the Orders ?

 

[SINCITY89103]

Re:

My ex and I were a couple while I was living in NC (in the Marine Corps). She was supposed to move down, but never did. The child was born in NY where her mother lived while we were still "together". After being separated I remained in NC for personal reasons. Now she is refusing to let me have our daughter for out of state for visits. This only becomes a problem for me now because before I could afford time off from work and had the money to travel to NY. Now that I have been ordered for child support, I simply do not have the time or money.

There was only an order for child support, custody/visitation has not been determined. I never went to court for that. What are my options?

 

[BL]

My ex and I were a couple while I was living in NC (in the Marine Corps). She was supposed to move down, but never did. The child was born in NY where her mother lived while we were still "together". After being separated I remained in NC for personal reasons. Now she is refusing to let me have our daughter for out of state for visits. This only becomes a problem for me now because before I could afford time off from work and had the money to travel to NY. Now that I have been ordered for child support, I simply do not have the time or money.

There was only an order for child support, custody/visitation has not been determined. I never went to court for that. What are my options?

Without a Standing Court Order , she can deny you visits .

If you really want to visit your child , you either need to hire a Lawyer in NY to take it to Court , OR ,
Move back to NY where you can be closer to the child .

If you qualified as a Poor Person testimony could be heard in both State Courts and NY would make the decision , but in reality this is not something you would do well with with out an Attorney .

Believe me I know it's tough . I myself did not get a chance to be with my children most of their childhood , and only seen 2 out of 4 once as adults so far .

 

[SINCITY89103]

Deny visits?

I am trying to do this the civil way, that's why I'm going for visitation through the courts. Technical speaking though, you said she can deney me visits. How can she deny me visits? Like you said there is no order. So why don't I have just as much rights to her as her mother? She does not have custody, custody was never filed, hell were not even divorced yet. I am not saying your wrong, but I certainly can not imagine how it can be true.

I would never do this, but if I just took her one day what would she do? It's not kidnapping, it's my daughter with my last name. There is no custody order, so what would the cops have to go on? Nothing right? The best she could do is take me to court where she may or may not be awarded custody. Is this not true?

 

[BL]

I am trying to do this the civil way, that's why I'm going for visitation through the courts. Technical speaking though, you said she can deney me visits. How can she deny me visits? Like you said there is no order. So why don't I have just as much rights to her as her mother? She does not have custody, custody was never filed, hell were not even divorced yet. I am not saying your wrong, but I certainly can not imagine how it can be true.

I would never do this, but if I just took her one day what would she do? It's not kidnapping, it's my daughter with my last name. There is no custody order, so what would the cops have to go on? Nothing right? The best she could do is take me to court where she may or may not be awarded custody. Is this not true?

She CAN deny you because YOU have no orders for visitations . She has been raising the children and the children are considered residence .
She Does NOT have to allow you on her property .

Regarding if you took your daughter one day , She could Immediately file for Temporary Custody and the return of the Child. She would be awarded it because she has been raising the child . Her and the child are established residence .

As long as you could prove Parentage ( if you took the child ) , you most likely wouldn't face kidnapping . Some states have Laws against it , but as far as I know NY does not .

 

[SINCITY89103]

Thanks for all the info. You know the more I learn about the way our laws/courts work the more disappointed I get. To think I have to actually take my wife to court in order to visit my own child that I do support.

I could understand if I was a dead beat dad, or harmful or dangerous to the child. Instead, I'm just an ordinary guy trying to be a father to his daughter; not just the guy who writes the checks and visits.

 

[BL]

Once you have established a Court Order for visitations , there are Laws to protect you , both with visitations and child support .