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Child Support - unemployed - 2 different states/orders

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chulod24

Junior Member
What is the name of your state? NY

I have a child support order that I pay my ex girlfriend for our 2 kids that was established in 2002, based on the 30k / year I was making at the time. (600/mo)

In March 2004 my (estranged) wife took me to court in NJ to get support for the 1 child we have together (we are seperated) - and we went with higher than guideline support because my "wife" carries me on her health insurance and because our son together is disabled and requires extra medical care. Plus the support was based on me making 45k/year (my wife didn't want to have a child until I was making enough to be able to afford him - 1 year later we were seperating) (800/mo)

In June 2005 - I lost my job and have been "waitlisted" to collect unemployment until Sept 1 (I was fired for falsifying training records - even though I did complete the training) - I filed for a modification of my NY order the same week I was fired - and only just served my ex this past week because I thought I would have a job by now.

I have never been late/had no arrears until I lost my job - and have been paying her what I can (60/week, 34/week, etc) - my wife has offered to "work with me" and she's been "recycling" the payments I make to her in exchange for me taking my son to his various therapies, thus allowing her to work overtime.

I am now 1007 dollars in arrears for NY - and the court date is tomorrow - my ex says the judge will want to see how I filed my taxes and take my "wife's" income into play - however we only filed "jointly" because of the tax bracket my "wife" is in.

What are my chances of having my NY support lowered (based on my NJ order) and my arrears vacated (It took almost 3 months for my court date to come up) ?? If my "wife" and I are seperated - will they be able to use her salary to base my support on ?
 


NotSoNew

Senior Member
they cant use your wife's salary even if you werent seperated. her salary doesnt count.

i dont think your chances of getting your CS reduced are very likely although you did loose your job, the court feels you should get a new one to support your children, even if it is working at McDonalds.

i will tell you what our lawyer told me. The state doesnt care, they dont care about you, they dont care about your bills and they certainly dont care about people who dont pay their child support.

also i hope you have a written agreement with the courts with your estranged wife on the child support reduction, otherwise she could get you for arrears for this time too and say she never agreed to it. even if you wrote her checks they could count them as "gifts"

also if you were fired for a valid reason, i doubt you are going to get unemployment, you said you did complete the training but you never said you didnt falsify the docs.
 

chulod24

Junior Member
thanks for the reply !

I send the payments for both orders to child support enforcement - they send the moms the checks.

My "wife" has been cashing the checks and giving me back the money to send to NJ CS - basically recycling the same 800 - and she is happy to do it because it means she can work more overtime (at 35/hr) and I take our son to his physical therapy sessions. (this is a win-win for all involved - as she's actually ending up with MORE money by working extra then when I pay her)
 

NotSoNew

Senior Member
oh that is awesome that your wife is doing that, this way you are safe down the line.

have you consulted an attorney about your NY child support case? Even if its just for the free consulatation to get some pointers. We live in NJ also, but I dont know anything about NY and how they do things......
 

chulod24

Junior Member
Went to court -
Had support temporarily reduced to $50/week and vacated my arrears to the date of filing - ex threw a fit.

She brought up the fact that I was unemployed before - Magistrate told her it was irrelevant since my CS was paid/up to date even when I was unemployed before.

She brought up the fact that she wants childcare covered - the kids are both school age and she lives with *MY* aunt who babysits for free.

I got a new job - but my son (with my wife) is now in daycare (started last week) - we haven't amended the NJ order to include daycare but I AM paying half. I also have receipts for over 2k in unreimbursed medical for my son (that's MY *HALF*) -

Will the NY magistrate take my NJ order (and the 'extra's ie. daycare and unreimbursed medical) into account or does my wife need to go and file for those things to be added to my NJ order (the medical IS in the order - the daycare is the 'right thing to do')

I am paying as much as I possibly can - and am wondering what the maxium they can garnish is. Also, IF the NY magistrate doesn't take my NJ "orders" into consideration (for the daycare and medical) will I be able to 're-file' / 'appeal' the NY order after attempting to get NJ to "order" the daycare as part of my support ?


Scheduled to return to court Wednesday.
 
Last edited:

Gracie3787

Senior Member
chulod24 said:
Went to court -
Had support temporarily reduced to $50/week and vacated my arrears to the date of filing - ex threw a fit.

She brought up the fact that I was unemployed before - Magistrate told her it was irrelevant since my CS was paid/up to date even when I was unemployed before.

She brought up the fact that she wants childcare covered - the kids are both school age and she lives with *MY* aunt who babysits for free.

I got a new job - but my son (with my wife) is now in daycare (started last week) - we haven't amended the NJ order to include daycare but I AM paying half. I also have receipts for over 2k in unreimbursed medical for my son (that's MY *HALF*) -

Will the NY magistrate take my NJ order (and the 'extra's ie. daycare and unreimbursed medical) into account or does my wife need to go and file for those things to be added to my NJ order (the medical IS in the order - the daycare is the 'right thing to do')

I am paying as much as I possibly can - and am wondering what the maxium they can garnish is. Also, IF the NY magistrate doesn't take my NJ "orders" into consideration (for the daycare and medical) will I be able to 're-file' / 'appeal' the NY order after attempting to get NJ to "order" the daycare as part of my support ?


Scheduled to return to court Wednesday.
See the Consumer Credit Protection Act to find out the max. amount that can be garnished. http://www4.law.cornell.edu/uscode/#TITLES
 

chulod24

Junior Member
Thanks for the reply ! (even though I can't find the info on the link you provided)

What about my question about the childcare and unreimbursed medical - those aren't part of the "garnishment" - I am responsible for 1/2 UM (unreimbursed medical) per the order (and have proof of my 2k) - Daycare just started last week so there is no order for me to pay, although I *am* paying 1/2 on my own -
 

Zephyr

Senior Member
chulod24 said:
Does anyone have any info on the NJ daycare and unreimbursed medical being taken into account ?
the daycare may or may not, most likely not since it is not part of an order, be taken into account. it's really up to what the judge thinks.
 

chulod24

Junior Member
I agree - but my court date is next wednesday - so there is NO WAY I can have my NJ order "amended" by then ..
 

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