cherokee
newbie
Reged: 11/19/09
Posts: 42
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right now i'm not getting the correct c.s from my ex, because of a dopey lawyer i had. so now i have to into family court to seek the increase my son is entitled to. can my ex then start junk and want to file for custody. because i know he doesn't want to pay. he's military ,and makes 40K plus a year,any help in appreciated. i'm in n.y.
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ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7806
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Yes he can start junk, including filing for custody of the child. Doesn't mean he'll get it, but he can start junk.
How did you get a lower amount, it was your lawyer yes? How long ago was it ordered? There are some NY'ers here that can assist but you'll probably need to supply a little more info.
How much are you getting and what do you think it should be?
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preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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Need more information please.
When was your order filed?
Your ex can certainly start junk; however, unless a petition for both child support AND custody are filed together? A CS and a Custody hearing are TWO SEPARATE THINGS. NY does not like to commingle the two unless you're doing it as a combined exercise (for example, the other parent files for custody and files for child support relative to that custody change).
Does he have other children for whom a Child Support Order is in place?
If not, than it would be 17% of your combined incomes, (minus roughly 9.25% for FICA and Medicare out of each of your incomes). Then take each person's income (minus the FICA/Medicare), and divide that by the total income to get your respective pro-rata shares. Divide that by 12 and VOILA! You each have your monthly responsibility.
Currently, and until 1/31/2010, the court MAY treat income above $80,000 (combined) differently than the income below $80,000 (which is fixed at 17%.. PERIOD). A judge may elect to apply the same 17% to amounts above $80,000, or he/she may elect to apply a different/presumably lower, percentage.
I mentioned 1/31/2010. On that date, new Domestic Relations Law relative to the NY Child Support Standards Act (CSSA) will take effect, which will raise that $80,000 "cap", to $130,000.
Please feel free to private message me any questions. I do not hang out on this board very often and just happened to catch your post today.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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How are you NOT getting the right amount of CS? And yes, expect something counterfiled against you. Every action has a reaction. I learned that the hard and expensive way.
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13.1...because I am only half crazy!
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cherokee
newbie
Reged: 11/19/09
Posts: 42
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right now i'm getting $296.00 per month, my ex is in the military and he's making about $40K per year, not to mention the cost of living he gets while he's in italy $40.00 per day. plus food allowance and about $2500.00 per month for rent. i feel my son should be getting around $500.00 or so per month, or what ever 17% of his money is..thank you
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30378
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...now?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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rocketgirl
Carpal \'Tunnel
Reged: 06/24/04
Posts: 8562
Loc: On the beach in 14 years...
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Aren't CS and visitation two separate issues?
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Lisa
Diplomacy - the art of telling someone to go to hell, and them looking forward to the trip.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30378
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They ARE legally, but not when we are at war, he is deployed overseas, and she wants more money. You think HIS lawyer is not going to bring that up?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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cherokee
newbie
Reged: 11/19/09
Posts: 42
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oh please come on ,what war is there in italy, he's in the air force. he'll never see iraq or use a gun. please he has a desk job. and what's that got to do with supporting his SON.
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cherokee
newbie
Reged: 11/19/09
Posts: 42
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as far as seeing his son, when he's 6 year old that will be in march. he takes him to italy for 5 weeks. of course he won't be home with him to much because he has to work, and the military will not give him all that time.So his mother who lives with him will watch him most of the time. when asked to come in for visitation he always says he has not enough leave time....
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