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NY child support case question

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natty103

New member
Case was filed 2022 and just ended. During the beginning of my case, i had a lawyer but in the middle they ended up selling their law firm. The new group did not show up to my next court date (in 2023) and told me i didn't have to show up. The non custodial party also did not show up. Case was dismissed and my lawyer filed a petition and admitted their mistake and my i didn't show up because they told me not to and the case was re instated, Again they never showed up to court during my next court date so i ended up representing myself. The magistrate said that law firm has messed up a lot of people because they just stopped showing up for their people. I submitted child care receipts i could find which was all private pay through cash so i had a had writing receipt. Last year he was also order to pay a temporary child support order. The final order also says after the monthly payments, I have to submit child care receipt so the non custodial party can pay their share.

The other party just objected to the magistrate ruling requesting my child care expenses be canceled because its hand written receipts without names or address. Also the retroactive pay should not go back to when case was filed but when it was dismissed in 2023. Lastly they are also claiming the magistrate did not take away the money he paid during the temporary order. During our last court date, i was asked if he has been paying and i said yes but he doesn't follow the timeline.

my question is does he have a stand to get the child care canceled? out of curiously what should the child care receipts consist of if its a private pay or I'm paying via cash? should i do money order? how else can i prove it? Should i get a lawyer?
 


not2cleverRed

Obvious Observer
Anyone can file a petition. Whether they get what they're asking for is another thing.

Your response to the petition should request that child support go through the CSEB, if it doesn't already.

If your receipts don't have names on them, they should at least have been presented with contact information for the provider. I mean, really! You should know who's caring for your kid - it's not like you're leaving your kid with random people. How's anyone to know that you aren't just making up numbers?!

But as an aside, if you are paying an individual for child care, you should look up the IRS rules on withholding.

Yes. You need a lawyer.
 

natty103

New member
Anyone can file a petition. Whether they get what they're asking for is another thing.

Your response to the petition should request that child support go through the CSEB, if it doesn't already.

If your receipts don't have names on them, they should at least have been presented with contact information for the provider. I mean, really! You should know who's caring for your kid - it's not like you're leaving your kid with random people. How's anyone to know that you aren't just making up numbers?!

But as an aside, if you are paying an individual for child care, you should look up the IRS rules on withholding.

Yes. You need a lawyer.
Yes payments are to be made through the child support collection unit $600 bi weekly including the retroactive payment. and at the end of the month, im to provide prove of child care and he has 10 days to pay his percentage. In their objection, they want the child care expenses even for the future canceled. and only to pay the $600 the amount asked through collection unit.
 

adjusterjack

Senior Member
Can't say I blame him for wanting your fake child care receipts disallowed along with future receipts if you are going to continue that practice.
 

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