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Help, I'm confused

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CLBKLCDTB

Member
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?:mad:

File your own modification asking for more. Wait a year or so though so you can have a full anual income proven with his W2'S.


Be prepared tho...... Fact is even if you get it in writing and his wages garnished....he could always quit his job. That was my daughters father scam. Work untill cs enforcement caught up with him. quit and move to a whole other state. work under the table while living with his girlfriend.

Hopefully your ex isn't this much of a loser but your child is only 2 years old. You have a long way to go.

Look. You will most likely be chasing this guy for the next 21 years. I know how hard it is I raised my daughter by myself. $0 CS for the past 17 years. It is hard, but not worth the head ach of tring to first understand why he isn't paing for his child...and if he is anything like my daughters father not seeing the child either.

Yes I understand a man should be held responsible for his child. I understand it is the childs right to recieve support from the absent parent. In my case and manyu that I see...It causes more stress and heart ach than anything. with the child as well. y daughter when she was younger would ask where is my dad? Why doesnt dad get me anything for christmas or come see me? Trust me all those things are hard enough without tring to chase him down.

Now as far as my sons father...he takes care of his son. pays support and has 50/50 visitation. He is a good father. (and I am saying this even after our nasty divorce;))

We only hope the men that are the fathers of our children are good to their children. Fact is alot are not. Don't let it rule your life or take away from your child. Work and go to school and do everything you can for your child. Just don't rely on child support as a form of income.

Not legal advice....I know....but I have lived it. I live in NY as well.
Also edited to say...I do not discriminate. There are just as many deadbeat moms as there are fathers.
 


BL

Senior Member
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?:mad:

https://newyorkchildsupport.com/non_custodial_parent_info.html#9

How much will I have to pay for child support?
the court uses a standard guideline to figure out what a person should pay based on how much they make in a year. Remember: You will not be ordered to pay an amount that is unfair under the law.

The court uses a standard guideline to calculate what you will pay, based on your adjusted gross income and on the number of children involved.
 

Gracie3787

Senior Member
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
Getting back to your original question:

This is EXTREMELY important:

Regarding the order you recieved in June:
1. What is the EXACT date that the order was SIGNED by the Judge?

Regarding your ex's filed objection to that order:
2. What is the EXACT date that the objection was FILED?

The answers to those 2 questions will determine what your possible options are.
 

nymoms

Junior Member
The original court order I received on June 21, 2007. The father filed objection to the court order on July 23, 2007. I filed rebuttle to the objection on July 30, 2007.
 

Gracie3787

Senior Member
The original court order I received on June 21, 2007.
Ok, you recieved the order on June 21, was the order SIGNED by the Judge the same day?

The order should have a date on it that says what date it was actually signed.

Also, the court docket/file will show the exact date that ex's objection was filed, you will need to make sure of that date also. Filed is not always the same as the date that you received a copy.
 

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