child support modification ny

Previous | Next
 rated by 0 users
Latest post 03-13-2012 9:27 PM by rb1968. 2 replies.
  • 03-13-2012 10:36 AM

    • rb1968
      Consumer
    • Not Ranked
    • Joined on 03-13-2012
    • NY
    • Posts 2

    child support modification ny

    hi...i was wondering if someone could assist me. my ex and i have a child support order from 2005 and now he wants to do a downward modification. he was constantly in arrears and they would take his tax refund. i finally got an actual support payment and the next week i get papers for the modification. he states his reason is a significant change in his rate of pay as well as he now has 2 more children, a wife, and a slew of  step children to take care of, so now he wants to pay "bare minimum" (his words on petition)

    in the original agreement he was only responsible for $12/wk, but agreed that was not reasonable and decided on $40/wk which the court agreed with. his rate of pay could not be less because he made 6.25/hr in 2005 and minimum wage in ny is now 7.25. so do u think the sopport magistrate will modify our original agreement?

    thank u so much

  • 03-13-2012 11:02 AM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 6,149

    Re: child support modification ny

    He has no legal obligtion to support step children. That one is DOA. The mother and bio-Dad of those children are responsible for their support. If the mother is not getting support for them, she needs to be seeking it, unless bio-Dad is incarcerated, deceased, etc. (In the case of his demise, she potentially would be eligible for Social Security Administration survivor benefits. So, even that reason probably won't fly.)

    His current spouse also is responsible for providing support for ALL of her children, whether from they are from a prior relationship or the current one. She just cannot sit on her duff and expect a man who barely makes minimum wage to provide ALL of the support of the household. However, at this income level, if the children truly are very young, the cost of child care could well equal what she might hope to earn at a minimum wage job.

    Moreover, if the original order deviated somewhat from customary CS guidelines in your state, a judge could make an ongoing order conform. I suggest that you obtain full and complete information about his current earnings. If he has been with his current employer for awhile, he may have received some longevity increases, even if his job is relatively low level. In other words, he may no longer be a minimum wage earner, even though he may only be making $10.00 an hour.

     

     

  • 03-13-2012 9:27 PM In reply to

    • rb1968
      Consumer
    • Not Ranked
    • Joined on 03-13-2012
    • NY
    • Posts 2

    Re: child support modification ny

    Thank you for the reply... i doubt he has been at his job very long, he always job hops to avoid his cs payments. so if the original order was agreed on by him to be higher than the amount they told him was mandatory and the courts accepted it, do you think the court will hold him to that? can u just change ur mind and go back to the minimum they require because you don't feel like paying it anymore?

Page 1 of 1 (3 items) | RSS

My Community

Community Membership New Users: Search Community