preemiemom
(Carpal \'Tunnel)
11/10/09 02:31 PM
Re: child support NY unique situatiom

[quote]PM- one of his questions were regarding extra circulars as add ons, any experience with that? Know anyone who experienced that?

-------------->>> They are part of the CSSA! They are to be shared, on a pro-rata share basis, just like uncovered medical expenses, child care, and college education costs.
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Also, it is entirely possible? She wouldn't GET a modification. You (nor she) are guaranteed one. Have BTDT with my now ex-husband and his first wife and with numerous friends who have tried, and failed, to get either upward, or downward, modifications.(quote)

Does that just seem to be the norm in your area OR is there something regarding this in the CSSA? [/quote]

-------------->>> That is what the head attorney for the Matrimonial Council for Suffolk County has told us. At least on Long Island, both Nassau and Suffolk Counties (and I would assume the 5 boroughs) the courts do NOT like people popping in and out of court for mods. As we were told, and this is basically a direct quote from said attorney, who again, HEADS the matrimonial council and is the attorney for some VERY VERY VERY powerful people on Long Island, I was EXTREMELY lucky to get the referral for my ex husband and, because of who I got the referral from and how bad ex got buttfvcked on his divorce deal, the guy took pity on him and REDUCED his consultation fee (but not eliminated it entirely, lol gotta pay for the Benz you know)... your request to upward modify today, could just as easily be your ex's request to DOWNWARD modify in a year, or two, or whatever. The courts philosophy is that, over the years, it all balances out and that it is a waste of the court's time to have people in and out every single time there is some change of circumstance because? The circumstance is likely a) temporary and b) to result in ANOTHER court appearance to reverse.

We lost 50%(!!!) of our income. Had a child in a NICU and had 50/50 physical (if not more) of the other child and were told "sorry, the court won't even hear it". If you go through CSE, you will get reviews every 2 years or when there is a certain increase in CPI or something. Also, if your order is beyond a certain # of years old, if you go through Collection, you can request a review.

Try looking at this link to get an idea of case law on NY CS...

[censored]://www.brandeslaw.com/child_support/changes_in_calculating_child_support.htm



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