bklyngrl
recently joined
Reged: 09/27/06
Posts: 17
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I live in NY and will be divorced 1 yr next month. My XH pays 160 a week in CS. He made 75K last year I made 30K. CS was based on no overtime and raises. They based his salary on straight 50K. He claimed that o/t and raises were not guaranteed. He gets C every other weekend. Joint custody. He does not give more than the 160 a wk. My question is can I get a modification - not a cost of living adjustment? I feel that since he never wants to meet me with the xtra expenses of school (C is 5yrs old) supplies, school trips, clothing, etc. I want to see if I can somehow get a little more money from him. Is there anything I can do?
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gr8Dad
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Reged: 06/07/04
Posts: 30378
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...you want extra money, get off your ass and get a better job.
The order is only a year old, and he is paying. He is paying over $640 a month for a FIVE year old. That is all he has to pay. You are getting over $7000 a year to pay for school clothes and school supplies. The kid is FIVE, it's not like you need a graphing calculator or a laptop computer. We are talking a few glue sticks, some crayons and a box of tissues. $50 TOPS, maybe another 2-300 in clothing. You are STILL at HALF of ONE months child support.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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bklyngrl
recently joined
Reged: 09/27/06
Posts: 17
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GR8Dad..I had a job that was more than his salary now. I supported him and my C until the company fell. I have no family (moved or deceased) it is just me and my C. How do I find a better paying job and still be there for my C? To find a better job I will be out of the 7am until 7pm. Is that how my child should live? When do I do homework with him? How about dinner? Oh and for the record.. XH is laid back on giving CS. He has been late 3 times because he didn't have it. His father is an alcoholic and lives with his brother in their uncles house paying $400 a month rent.
So if you know where I can find a job that pays more and still gives me access to my child I am open... I am not lazy! I am a worker! My child's health and well being come first.
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gr8Dad
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Reged: 06/07/04
Posts: 30378
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"I had a job that was more than his salary now. I supported him and my C until the company fell."
So get a SIMILAR job.
"I have no family (moved or deceased) it is just me and my C. How do I find a better paying job and still be there for my C? To find a better job I will be out of the 7am until 7pm. Is that how my child should live? When do I do homework with him?"
It's called daycare, and it is part of life for children of two income or single parent homes.
"Oh and for the record.. XH is laid back on giving CS. He has been late 3 times because he didn't have it."
So, HIM being broke is BAD and HIS fault, and YOU being broke is BAD and HIS fault as well? Grow up. Crap happens, paychecks are late sometimes, unexpected things come up.
"His father is an alcoholic and lives with his brother in their uncles house paying $400 a month rent."
Not really sure what this line has to do with ANYTHING. The manner in which his father lives is not only in NO way related to the issue, but is really none of your business.
"So if you know where I can find a job that pays more and still gives me access to my child I am open... I am not lazy! I am a worker! My child's health and well being come first."
Well, how healthy and well will the child be if you are living on the streets? YOUR bad fortune with your job is NOT his problem. The judge already ruled on the OT and bonuses, and the judge said NO. You want a second bite at the apple. Well, if you DO file, and are turned down AGAIN, don't be surprised if you then end up paying his legal bills.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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JennyLynn
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Reged: 07/14/05
Posts: 31656
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Bklyngrl...I'm just curious, how often does he see the child? I read you have joint custody, but what is the visitation arrangement?
One think I'd do if I were you is contact the Child Support Services in your county and see about requesting a modification.
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gr8Dad
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Reged: 06/07/04
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...the order is ONE year old, and NOTHING has changed. He made an additional 25k with OT and bonuses, but the court already ruled that OT and bonuses were NOT to be used.
There is NO reason for a modification.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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bklyngrl
recently joined
Reged: 09/27/06
Posts: 17
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The judge did not rule on this. The lawyers agred to this and I tried to fight it. EH fought saying it was not guranteed. I had a lawyer that started out a fighter and then at the end she let him have his way, telling me "the law states that he does not have to do anything he does not want to do". I REGRET SIGNING the papers!
XH's work schedule changes. Papers say every Friday until 7pm and every other weekend. For the past 8mos he was off Tues/Wed so he only saw him 4hrs after school. But when there is some party to go to he will cancel his vists which has happened a handful of times.
I understand GR8dad's points but I feel the tension from him. I am not trying to "get one over". Let's just say anybody can be a "father" but it takes a special man to be a "DAD" and XH is just a father. He just hates to give a little more. I pay for all sports, bday party gifts, clothing, McD's (once in a while he gets it)an occasional wrester. It is not just $50 for school. His school has field trips that cost money and fundraisers, etc.
I just feel that if he gave even an extra $40 that would be appreciated.
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JennyLynn
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Reged: 07/14/05
Posts: 31656
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We don't know all the facts - that's why it's BEST not to take everyone's advice here and call CSE herself.
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Cassie23
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Reged: 10/07/05
Posts: 14714
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I know a lot about NY CS...
Right now you are getting CS based on his making $50k/year (less any appropriate taxes).
Ok, you COULD take him back for more CS based on his W-2 from last year...if it REALLY is $75k. However he will also have to bring a current pay stub, if that shows he ISN'T making what you say he is (such as no overtime) then you may not get CS based on the $75k that you would like.
ALSO you need to take into consideration the fact that NYS can DEVIATE from the guidelines when COMBINED parental income is OVER $80k. In my case the COURTS DID deviate... Which means you may not get as much as you like...since combined including his $75k and your $30k would take you to $105k... The courts can deviate so that only $80k of that is taken into consideration. That means that anything AFTER the combined $80k may get a different percentage (than the 17% for one kid) or NO percentage... As in what happened in our case.
Whenever you are trying to modify CS you want to be VERY careful, especially since you are ONLY a year into the first order. A cost of living adjustment generally happens every 3 years in NYS...
I would just be VERY careful, $640/month for one kid is quite a bit.
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Relayer
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Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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[quote]The judge did not rule on this. [/quote]
It's a signed court order which means the judge "ruled" on it. He didn't have to accept your agreement but ruled and did. That is how it works.
The amount of money you make is not always tied to the quantity of hours you work but also to the quality of value you present to an employer. Making more money doesnt mean you need to work more hours.
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GO CUBBIES!!!!
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