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Posts tagged "Child Support"

Seasonal job and says will quit if taken for child support!

Q:My child's father has made it very clear I'd only get the "bare minimum" if I filed CS. He works in construction for family. He said he'd go for visitation which I don't mind because our child is 10 but it's been over 3 years since he's seen her! Is it worth the lengthy process with someone who has no license & really nothing to lose if he were to NOT pay (he's done jail time and says he's not afraid to go back). It's just unfair. 

How long after a "motion to vacate an order" is a decision made?

Q:My husband was arrested back in Feb, which he was released the same night. While releasing him they found a warrant in another county he didn't know about. They transferred him to that county upstate & hes been serving time for non payment of child support and not responding to court dates, which he didn't know. In May he filed for adjustment of arrears & at his court date he showed proof he wasn't in NY at the time he was served he was caring for his ill father, who has passed. Given he didn't know/was served at his prior job he no longer was working at, the judge advised he file a motion to vacate the order as opposed to what we originally did. We filed the motion to vacate that day. We provided proof that he wasn't served, no longer working there prior to when she stated she had him served. The motion hearing was today. Given all the proof we showed: proof of residency in a state 800+ miles away, lack of income, his father passed away and was ill, he was no longer working where he was "served" (notarized letter from the owner).If they grant the motion will he be released? Do they make decisions the same day? He has a fact finding hearing on the 16th will he be released that day? 

How long after a "motion to vacate an order" is a decision made?

Q:My husband was arrested back in Feb, which he was released the same night. While releasing him they found a warrant in another county he didn't know about. They transferred him to that county upstate & hes been serving time for non payment of child support and not responding to court dates, which he didn't know. In May he filed for adjustment of arrears & at his court date he showed proof he wasn't in NY at the time he was served he was caring for his ill father, who has passed. Given he didn't know/was served at his prior job he no longer was working at, the judge advised he file a motion to vacate the order as opposed to what we originally did. We filed the motion to vacate that day. We provided proof that he wasn't served, no longer working there prior to when she stated she had him served. The motion hearing was today. Given all the proof we showed: proof of residency in a state 800+ miles away, lack of income, his father passed away and was ill, he was no longer working where he was "served" (notarized letter from the owner).If they grant the motion will he be released? Do they make decisions the same day? He has a fact finding hearing on the 16th will he be released that day? 

Should i cancel the child support order?

Q:Child support is only mandating the father pay $25 per kid a month we have 2, so that 50 he doesn't even keep up with because he doesn't like being mandated by the court & he swears he would do more if he wasn't obligated. My expenses are way over 50 a month i really cant do anything with that anyway should i just take him off? 

How do i go about this? What do i need? What can happen if everything isn't accounted for, as in evidence wise?

Q: My son didn't live with me for a year , but i was still recieving child support from his dad for him. I still used the money to support him or handed him money or sent it via pay pal. His dad and i discussed this and i told him to go to court to fill out the form to discontinue the payments. Until then i would just continue to give it to my son. He said he would "handle it". Now he has petitioned me for fact findings. 

Is there a limit to how much a person has to pay in child care?

Q: I pay around $2100 a month for child support and pay 82% of childcare. It comes out to $200 a week for a morning sitter and $35 a day for an after school program ($75 a day). She works before school for 3 hours and 2 hours after school but is home all day. I also pays 50% of all activities. I am left with around $250 a week to live on. This just does not seem fair. Can anything be done? 

Can my ex become the non custodial parent if I am now making more money and have 50/50 custody in NYS?

Q: My ex-husband just petitioned to dismiss his weekly obligation and receive child support since he learned that I now make more than him. When our original child support order was decided in 2014, I was making $42,000 and he was making $55,000. I now have a better paying job and is making $11,000 more than him. Can my increase in income cause me to pay him child support? We have a true 50/50 custody schedule and I'm worried that I will no longer receive child support and pay him instead! Can this really happen?

Family Court ordered to exchange financial affidavit within 10 days. My ex never sent me his affidavit?

Q: At family court two weeks ago, the judge ordered my ex and I to exchange financial information within 10 days. I filed to increase child support. My ex never sent me his information. Do I need to file a violation petition with the court? Also, why does the court order for us to send each other the information instead of exchanging the information at the hearing?

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