Child support re-evalution

[Daytodayhorror]

What is the name of your state? NY

We have 4 children - 3 from a previous marriage.
The father of the 3 kids has been paying $232 a month for all 3 of them for +10years (since they got divorced).
My wife isn't the type that likes confrontation so she doesn't want to take innitiative - but i do. He makes 2k+ a month and according to this page (please tell me if that page makes valid calculations):
http://www.divorcelawinfo.com/states/ny/cal/NYCSC.html

He should be paying WAY more than he does. In the divorce it was also ruled he was responsible for healthcare for the kids - but they are covered under medicaid now and will be under our family policy soon. (extra costs each month).

Seeing that my wife doesn't take innitiative and i am not familiar with US child support proceedings (i am german) - what would be the steps i have to take to get the kids father back to court and get a reasonable ammount of child support.

We are a low income family - so if there are things i can do/ can be done without a lawyer to save money it'd be great. I believe my wife mentioned the local social services might be able to help - is this true or is a lawyer (and $$$) the only way to go.

How much $$$ are we looking at ?

 

[ezmarelda]

What is the name of your state? NY

We have 4 children - 3 from a previous marriage.
The father of the 3 kids has been paying $232 a month for all 3 of them for +10years (since they got divorced).
My wife isn't the type that likes confrontation so she doesn't want to take innitiative - but i do. He makes 2k+ a month and according to this page (please tell me if that page makes valid calculations):
http://www.divorcelawinfo.com/states/ny/cal/NYCSC.html

He should be paying WAY more than he does. In the divorce it was also ruled he was responsible for healthcare for the kids - but they are covered under medicaid now and will be under our family policy soon. (extra costs each month).

Seeing that my wife doesn't take innitiative and i am not familiar with US child support proceedings (i am german) - what would be the steps i have to take to get the kids father back to court and get a reasonable ammount of child support.

We are a low income family - so if there are things i can do/ can be done without a lawyer to save money it'd be great. I believe my wife mentioned the local social services might be able to help - is this true or is a lawyer (and $$$) the only way to go.

How much $$$ are we looking at ?

*YOU* can do nothing.

 

[Silverplum]

What is the name of your state? NY

We have 4 children - 3 from a previous marriage.
The father of the 3 kids has been paying $232 a month for all 3 of them for +10years (since they got divorced).
My wife isn't the type that likes confrontation so she doesn't want to take innitiative - but i do. He makes 2k+ a month and according to this page (please tell me if that page makes valid calculations):
http://www.divorcelawinfo.com/states/ny/cal/NYCSC.html

He should be paying WAY more than he does. In the divorce it was also ruled he was responsible for healthcare for the kids - but they are covered under medicaid now and will be under our family policy soon. (extra costs each month).

Seeing that my wife doesn't take innitiative and i am not familiar with US child support proceedings (i am german) - what would be the steps i have to take to get the kids father back to court and get a reasonable ammount of child support.

We are a low income family - so if there are things i can do/ can be done without a lawyer to save money it'd be great. I believe my wife mentioned the local social services might be able to help - is this true or is a lawyer (and $$$) the only way to go.

How much $$$ are we looking at ?

There is no "we" in this situation. The parents of the children are the only parties to the court orders. Period.

You can learn about how to help your wife, which will require much study of the family laws in your/her state. That's it. There is nothing YOU can do, legally.

 

[Neal1421]

What is the name of your state? NY

We have 4 children - 3 from a previous marriage.
The father of the 3 kids has been paying $232 a month for all 3 of them for +10years (since they got divorced).
My wife isn't the type that likes confrontation so she doesn't want to take innitiative - but i do. He makes 2k+ a month and according to this page (please tell me if that page makes valid calculations):
http://www.divorcelawinfo.com/states/ny/cal/NYCSC.html

He should be paying WAY more than he does. In the divorce it was also ruled he was responsible for healthcare for the kids - but they are covered under medicaid now and will be under our family policy soon. (extra costs each month).

Seeing that my wife doesn't take innitiative and i am not familiar with US child support proceedings (i am german) - what would be the steps i have to take to get the kids father back to court and get a reasonable ammount of child support.

We are a low income family - so if there are things i can do/ can be done without a lawyer to save money it'd be great. I believe my wife mentioned the local social services might be able to help - is this true or is a lawyer (and $$$) the only way to go.

How much $$$ are we looking at ?

All you can do is tell your wife to get off her a** and file for a modification of support.

 

[Silverplum]

btw, does "daytodayhorror" indicate your real feelings about your stepkids?

 

[Daytodayhorror]

btw, does "daytodayhorror" indicate your real feelings about your stepkids?

No that describes my feelings towards our child - a 4yr old that drives us insane every day !!! ;-)

I want to thank everyone for their responses but i assume i didn't make things clear enough. I am aware that i cannot do anything.
What i am trying to figure out is
What exactly are the steps that "she" needs to take from here - so i can outline them to her and make sure they get done.

 

[LdiJ]

No that describes my feelings towards our child - a 4yr old that drives us insane every day !!! ;-)

I want to thank everyone for their responses but i assume i didn't make things clear enough. I am aware that i cannot do anything.
What i am trying to figure out is
What exactly are the steps that "she" needs to take from here - so i can outline them to her and make sure they get done.

She needs to go down to your local child support agency and file for an increase. They will take it from there. There may be a very small fee.

However, you need to be prepared for dad to be VERY angry...and very confrontational...and very likely to file for custody of the children. He wouldn't be likely to win, but if he is only making 2k per month his budget is probably already fairly tight....and I can imagine that the increase will be pretty huge with 3 kids involved. He won't take it well AT ALL.

 

[Silverplum]

She needs to go down to your local child support agency and file for an increase. They will take it from there. There may be a very small fee.

However, you need to be prepared for dad to be VERY angry...and very confrontational...and very likely to file for custody of the children. He wouldn't be likely to win, but if he is only making 2k per month his budget is probably already fairly tight....and I can imagine that the increase will be pretty huge with 3 kids involved. He won't take it well AT ALL.

That 2nd paragraph is just weird, LdiJ. You don't know what Dad is like, or what he'll feel/think/do.

 

[CandiceH]

I wouldnt go down to the local child support agency because in most counties in NY, seems to be impossible to talk to anyone. You can try calling and making an appt. That is, IF the child support is even going through them. She can go down to your local court house, fill out a form "Modification of Child Support" for free. Depending on the county, she may have to go through "probation" first. She needs to make sure she has her original order with her when doing so. Also depending on the county, she could have her case heard in one - six weeks.

I am going to assume she is NOT going through CSEU because they usually do an automatic revue every 24 months (according to my paperwork). Tell her to head down and file, it is rather simple.

Looks like his cs obligation should be right around $600/mo in NY. Of course, OP hasnt stated whether the $2K month is net or gross so kinda hard to get an exact figure.

 

[Daytodayhorror]

Thanks everyone - that was some very useful input already. I really appreciate it.

I am not worried about him filing for custody. Thats about the last thing he ever wants is to have the kids around.

So i'll let her check into child support agency - and if that doesn't seem worth it or apply let her file the modification with the court.

When it comes to the hearing - and going from my experiences with the US court system i assume anyone would suggest to have a lawyer present. Is this true ? Yes no ?
And if so - if its just for that - how much $$$ are we looking at. (just a basic idea - if its $500 ok - if its $5000 then well.... )

 

[LdiJ]

That 2nd paragraph is just weird, LdiJ. You don't know what Dad is like, or what he'll feel/think/do.

Oh come on Silver....2k in income and facing the kind of increase that he would be facing (3 kids)?...the financial consequences are going to be devistating for dad. There is almost no chance of dad NOT reacting strongly.

 

[AHA]

be prepared for dad to be VERY angry...He won't take it well AT ALL.

Which isn't a valid excuse for dad to be underpaying cs, if that is what he is doing.

 

[LdiJ]

Thanks everyone - that was some very useful input already. I really appreciate it.

I am not worried about him filing for custody. Thats about the last thing he ever wants is to have the kids around.

So i'll let her check into child support agency - and if that doesn't seem worth it or apply let her file the modification with the court.

When it comes to the hearing - and going from my experiences with the US court system i assume anyone would suggest to have a lawyer present. Is this true ? Yes no ?
And if so - if its just for that - how much $$$ are we looking at. (just a basic idea - if its $500 ok - if its $5000 then well.... )

You can't discount him filing for custody. Even the most disinterested parent has been known to file for custody when they suddenly get hit hard in the wallet.

The child support agency really IS worth it. They basically handle these things for free. Attorneys in the US generally charge between 250 - 450 an hour...so you do the math.

Your wife has every right to file for a child support increase...particularly after so many years. However, its pretty much a fact of life that it will cause some traumna....so you both need to be prepared to deal with that.

 

[Silverplum]

LdiJ --

I am not worried about him filing for custody. Thats about the last thing he ever wants is to have the kids around.

I know/know of plenty of folks, online and IRL, who do not file for custody when their CS is raised, or even reviewed. Besides, isn't the general legal line around here include the idea that a judge would see right through such a move? And so what if Dad is mad? Doesn't change the law. Doesn't help Dad, legally or otherwise. Doesn't matter, legally.

And, for that matter, the CS only going to be for 2 kids. See daytodayhorror's previous posts about the 18 yo that has moved out. Yes, it's NY, but if the kid isn't living with Mom, there is no reason to pay CS to Mom for caring for the missing kid.

 

[Daytodayhorror]

You are right silverplum. The 18 yr old is living with her dad atm (well she shows up there about once a week - the rest of the time she's staying at friends places. And yes we know we must be terrible parents for her acting like that ) but if she doesn't graduate there is a good chance she'll move in with us again. If i understand it correctly her father has to pay CS aslong as she is still living here/ going to HS. (correct me if i am wrong)

Either way - even if its only for 2 kids i am sure the $232 aren't what he is supposed to pay. The 2k was net by the way.

Thanks for everyones input though.

P.S.: I just remembered something concerning the CS agency. A few years back (~2-3) my wife talked to them about how much he paid etc. They said they'd get back to her with how to get the process of taking him back to court going. Well here we are now. They never did. I know i should've made her follow up on it - but back then money was tight and she figured we'd need an attorney to get things going. And money was something we didn't have at all back then.