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Going back to modify my court order need help

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thiskiss39

Junior Member
I live in Ny State. I have had custody of my children for the last eight years. In those 8 years I never had my child support raised. Maybe because I didn't go though support and custody. They are now 18 and 20. The oldest will be 21 in January he has not attended college in over a year. When my youngest son finished high school. I l asked both boys to move in with their father. I was going through depression and wasn't good for anyone to be around. I quit my job and left Ny state for 2 months. My ex husband filed for support the day my kids moved in with him. I came back to NY and got my job back. Went to court and was ordered to pay the full amount of child support My ex said he wanted the max amount. Also I have to pay rears of 1800 dollars for the two months I wasn't in Ny . I know now that there is nothing I can do to change any of that. I didn't represent myself well in court. I plan on going back to court when my son turns 21. I don't know how three months will make a difference if the judge thought my older son couldn't support himself then how will three months make a difference? My older son works full time and makes approximately 13,000 a year. I make approximately 25,000 a year my ex husband makes 65,000 year. My younger son is in college and works weekends. When I was in court the first time I asked for a variance due to the fact that if I was paying the max in child support I wouldn't beable to make my bills. I did go and talk to a lawyer but there is no way I can retain a lawyer and pay my bills and my child support. I need some advice for when I go back to court. If anyone has anything that might help me with my case I would appreciate it. I found out yesterday that my since my child support goes on a credit card , my ex husband has given it to the children and lets them buy whatever they want with it. I do think I should pay something for my younger son since he is in school but I also would rather see that money going into savings or towards his college loans not to be blown on fast food or whatever he wants. how will he ever learn responsibility. Also I must say it bothers me to know that I am working my butt off so they can go out to fast food and buy whatever they want.What is the name of your state (only U.S. law)?
 


thiskiss39

Junior Member
no my original order was to pay 75 dollars a week until we went back to court 1 month later and the judged decided that I should pay 115 a week, I had tried for the variance. Then the rears $115 for two months before I started paying $75. Which by the way I received in the mail this morning. now they will be taking 172 dollars a week from my weekly check until the money I owe in back childsupport is caught up. So that will be about six month my gross weekly income is $562. I most likely will fall behind on all my bills. I am just beside myself. I called my ex husband and tried to explain that I can't afford it. He said he would call me back that was two hours ago.
The state is New York.
 

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