Help, I'm confused

[nymoms]

What is the name of your state? NY

I applied for child support for my son last January. We had hearing in May and the father was ordered to pay child support based on imputed income of 25 dollars an hour for a 35 hours work week. At the time of the hearing the father was in law school and was not working, however he was graduating in a month. In July he filed an objection with the court order, saying that he was not able to find a job and that the imputed income was injust and inappropriate. The father started working in August and his income is now 33,000 a year. Yesterday I received a letter from family court with a new court order based on the objection that he filed. A new court order saying that he is only obligated to pay 25 dollars a month (based on his 2006 tax return). Can somebody explain why they lowered his child support now when he is employed? Thanks

 

[Gracie3787]

What is the name of your state? NY

I applied for child support for my son last January. We had hearing in May and the father was ordered to pay child support based on imputed income of 25 dollars an hour for a 35 hours work week. At the time of the hearing the father was in law school and was not working, however he was graduating in a month. In July he filed an objection with the court order, saying that he was not able to find a job and that the imputed income was injust and inappropriate. The father started working in August and his income is now 33,000 a year. Yesterday I received a letter from family court with a new court order based on the objection that he filed. A new court order saying that he is only obligated to pay 25 dollars a month (based on his 2006 tax return). Can somebody explain why they lowered his child support now when he is employed? Thanks

He's apprently now earning less than the $45k that was imputed to him, so a dcrease would make sense.

However, a decrease to only $25 per month, based on last years income just doesn't make sense. Is your case being handled by the CS enforcement agency? If so, you really need to speak to your caseworker about the problem.

If the CSE agency is not involved, was there a court hearing that resulted in this new order?

 

[BL]

What is the name of your state? NY

I applied for child support for my son last January. We had hearing in May and the father was ordered to pay child support based on imputed income of 25 dollars an hour for a 35 hours work week. At the time of the hearing the father was in law school and was not working, however he was graduating in a month. In July he filed an objection with the court order, saying that he was not able to find a job and that the imputed income was injust and inappropriate. The father started working in August and his income is now 33,000 a year. Yesterday I received a letter from family court with a new court order based on the objection that he filed. A new court order saying that he is only obligated to pay 25 dollars a month (based on his 2006 tax return). Can somebody explain why they lowered his child support now when he is employed? Thanks

Ok , first an objection to a Child Support Order has to be filed within ( 30 ) days of the order's entry . I don't know how he got by going over the 30 days , unless you meant June , or he had a really good reason for not filing within 30 days .

Secondly , an objection to a hearing examiners finding of facts and order , are reviewed by a family court Judge .

The Judge went by the NY State child support standards act .

A person with little or no income is ordered to pay a minimum of $25.00 per month .

He wasn't working when the order was made .

When there's a substantial change , file a modification Petition .

 

[Isis1]

$25.00 a month?? are you kidding me?? In CA it's $200.00 a month minimum. what are they smoking on in NY??

 

[nymoms]

I'm shocked and confused because the objection was filed in July but the family judge made her decision in December!!! During that time the father could've already making 100,000 a year (he is a lawyer). He was ordered to pay 600 biweekly and the judge lowered it to 25 weekly!!! Why did the judge waited for so long until making a decision? And why there was no hearing schedualed (the judge just made a new court order by herself)? And why didn't she check if he was working or not???

 

[majomom1]

I'm shocked and confused because the objection was filed in July but the family judge made her decision in December!!! During that time the father could've already making 100,000 a year (he is a lawyer). He was ordered to pay 600 biweekly and the judge lowered it to 25 weekly!!! Why did the judge waited for so long until making a decision? And why there was no hearing schedualed (the judge just made a new court order by herself)? And why didn't she check if he was working or not???

Are you sure there was no hearing? The delay in this new order makes me think there were hearings scheduled, and possibly postponed, which could explain some of the time.

Based on what Blond posted, YOU have 30 days to file an objection, I would think, and it looks like you may have valid grounds to do that. Did he pay anything on the order from May? What effective date is on the new order?

 

[nymoms]

Yes, he started paying right after he got a job (Child support enforecement unit charges directly from his pay checks)

 

[escape2paradise]

Yes, he started paying right after he got a job (Child support enforecement unit charges directly from his pay checks)

I'd go first thing Wednesday and file an objection. If for whatever reason it is too late for the objection. I would file a modification based on a change in circumstances. Do not wait on this!

 

[LdiJ]

I'd go first thing Wednesday and file an objection. If for whatever reason it is too late for the objection. I would file a modification based on a change in circumstances. Do not wait on this!

I agree 100% with this.

 

[Gracie3787]

I'm shocked and confused because the objection was filed in July but the family judge made her decision in December!!! During that time the father could've already making 100,000 a year (he is a lawyer). He was ordered to pay 600 biweekly and the judge lowered it to 25 weekly!!! Why did the judge waited for so long until making a decision? And why there was no hearing schedualed (the judge just made a new court order by herself)? And why didn't she check if he was working or not???

I just read your other thread from Oct. https://forum.freeadvice.com/showthread.php?t=380179

In that thread you mentioned that you had filed for a violation because ex had not paid for 2 months, and you were asking if the imputed income was fair.

You also said that you were going to court on Oct 15 for that hearing. How did that hearing turn out? Did the Judge make a decision that day, or is this Dec decision the order from Oct 15?

The main question is- was the objection that ex filed, filed in July, AFTER you had filed for violation?
In other words, was the objection actually an objection to the violation motion?

Also, you have given contradictory posts about the amount ex was ordered to pay. In one you said that he was ordered to pay weekly, in another he was ordered to pay bi-weekly.

You are now saying that he was ordered to pay $600 biweekly on an inputed income of $45k. That is WAY above the NY guidelines, so if he was ordered that amount on only that income, he would have had a legitimate problem.

It will really help alot if you'll keep all info in one thread, and give ALL relevent info also.

 

[hearts41]

25.00 a month, wow thats very low in my opinion.

Can you file a modification based on new circumstances?

Hearts

 

[Gracie3787]

25.00 a month, wow thats very low in my opinion.

Part of the OP's problem is that her posts regarding the amount are very contridicatory. In the first post of this thread she said that the order was $25 per MONTH. However, later in this thread she says it is $25 per WEEK. Then she also says that the order had been for $600 bi-weekly, which comes to $1,200 per month.

No one can really help the OP until she posts exactly what the order(s) state and exactly what happened at the hearing in Oct.

 

[nymoms]

OK, let me get everything straight. My child is 2 years old. I filed for child support last January, until January the father never paid. We had hearing in May and the father was ordered to pay child support based on imputed income of 25$ an hour for a 35 hours work week (which comes to 135 dollars a week). Also, he was ordered to pay 62 % of child care cost (125 dollars a week) and 62 % of health insurance cost (35 dollars a week). So the total amount that he was ordered to pay is 590 bi-weekly or 295 weekly. I received a court order in mail in the end of June. The father filed objection to the court order in the end of July and he started working in August and getting paid 33,000 a year. He did not pay child support in July and most of August, so I filed for violation in the end of August. We had hearing in October and he was ordered to continue pay his child support and he was forgiven for not paying but stil had to pay what he owed. I received that court order in November. Now, last week I received another court order saying that it was not fair to impute income and the judge lowered his child support to 25 dollars a MONTH. The judge based her decision on his 2006 tax return (he showed income of 5,000 a year, which is at poverty level). So, can you please explain what happened? How come the judge did not consider the fact that he is now employed? What do you think I should do? And what do you think will happen?

 

[jbowman]

The reason is because his future pay is not guaranteed. Judges will usually go by the past years tax returns or pay stubs to determine what he earned. Anyone can get a job that makes 60K a year and be fired the next month--this is why CS is based on what they HAVE already earned.

Case in point. When I went for my first modification, X had been on disability due to surgery for the first 8 months of the year. The last 4 months when he went back to work, he earned 40K and was still working and I knew he would continue making that money. The judge based CS on the total YEAR which was 40K. In actuality, if I waited a year to modify, it would have shown that he earned $120 per year. I argued about his "potential" to earn but since he hadnt earned it yet, the judge wouldnt go for it.

 

[CLBKLCDTB]

The reason is because his future pay is not guaranteed. Judges will usually go by the past years tax returns or pay stubs to determine what he earned. Anyone can get a job that makes 60K a year and be fired the next month--this is why CS is based on what they HAVE already earned.

Case in point. When I went for my first modification, X had been on disability due to surgery for the first 8 months of the year. The last 4 months when he went back to work, he earned 40K and was still working and I knew he would continue making that money. The judge based CS on the total YEAR which was 40K. In actuality, if I waited a year to modify, it would have shown that he earned $120 per year. I argued about his "potential" to earn but since he hadnt earned it yet, the judge wouldnt go for it.

My daughters father was ordered to pay 25.00 a month 13 years ago.
I went on Medicade. Just this past summer my worker called me and said They found him and are going after him for back money owed to the state. Because I recieved Health care thru the state for my daughte and his original order was for only 25.00 per month. All back money will go to the state of NY. I am cool with that at least my daughter had the medical attention she needed (she has vonwilabrand which is a blood disorder) I could not have afforded her mediciine on my own.

Anyhow what got me was she told me now that they have him and know hwere he lives and works, I could go to court and get his current order modified. I laughed so damn loud!
I said she is 17 now. He has hid out for all this time, you found him and I am glad you did. If you think he is going to stick around once he gets court papers....good luck with that.
She told me if he didn't show up for his court date his wages would be garnished. He will have contempt charges and a warrent. I said ok. Do what you have to do. My worker said. "Don't you want more money if we can get it?" I said hell no. You get what he owes you. I have been doing just fine on my own with the help of medical....and it is now fidelis family. i don't even get medicade anymore. I pay a co-pay. If he owes the state let the state go after him. I said my daughter is just about grown. Why bring back the stress and re try to fight a losing battle with her deadbeat father?

I am sorry to sound so glum. but like someone else here said. If a deadbeat doen't want to pay they won't. Jail won't even cure what ails the deadbeat. Yes they will get arrears. Lose their licence. have bank account siezed...and even do jail time. Again arrears will pile up during all this. As a mom I will say it doesn't get the rent paid...or food on the table for the children.

I gave up on chasing his good for nothing butt a long time ago.

Best thing to do is take of your children the best you can. Do not rely on support for anything. If it comes in the mail.....BONUS!