Yesterday February 5, I called New York State Child Support Help Line (1 888 208 4485). At the beginning of this month, I discovered that $1875 had been garnished out of my paycheck. That is 32.6% of my gross income, instead of the 25% for two children that New York State Child Support Laws stipulate. My child support obligations are $1,250 a month and I have a pending case in court for unreimbursed medical expenses that are not reimbursed because ex-wife does not want to use my health insurance. I wanted to know who was the sensitive fellow who made the decision to leave me with just enough money to cover my rent and utilities. No food for me this month.
The nasty New York Child Support Help Line operator (whose call center is not located in India, I checked with her) brushed away my concerns. 32.6% of my gross income gone? Peanuts. The State can legally garnish up to 65% of your gross income. In fact I am a lucky man, and the bureaucrat from New York State Child Support Processing Center in Albany who deals with my case a sensitive fellow indeed.
Let see. You are the average fellow whose income and payroll taxes amount to 30% of your gross income. New York State garnishes another 65% of your gross income. You are left with 5 cent out of each dollar you earn. If you are taxed more than 30%, you are left with literally nothing.
New York State residents are blessed. In addition to Jim Crow Policing in New York City (read the excellent Bob Hebert Op-Ed piece in the February 2 New York Times), we have Jesse James family justice for non-custodial parents. The State strip searches you and takes everything you have in your pockets. Until next time.
When and how come have theses laws ever been enacted? When are these politicians – republicans and democrats- who voted these laws going to be sacked out of office?
NY child support law is the worse in all the states. What happen to “Family Value” what happens when one of the parent holds a child hostage and demands the other parent to pay child support until the child turns 21? I bought my child into this world and took care of her until she was 19yrs 4mths old. After then she kept on getting in trouble with the law (drinking and driving, thief, drugs etc) I mentioned this to her no good father (who never paid child support)about what was happening and he assured me that he will take her to live with him until she changed her attritude. Well to my surpise “The LOW LIFE” father took me to court asking for child support and told the court that I kicked out the child from my home. New York court do not want to hear anything, they informed me that I have to pay the NO GOOD XXx money. What a joke is this system, they should of have a case worker looked into this matter and see what is best for the child. (which is getting her attitude right by obeying the law wether if be home or state or country) and not taking advantage of a innocent women who is trying to make ends meet and also taking care of 2 other children who really need the support. I give NY child support a F on law and family.
They cannot garnish 65% of your gross income but 65% of your disposable income, If you are going to bitch about paying your support at least get your facts straight, idiot.
Bitch about paying child support….!!!!!! The system rapes the fathers!!!!! and the law needs to change. I am married to a very loyal hard working man who’s ex-wife cheated on him for a whole year…. left him to be with the boyfriend and ripped her two kids from a family life with their father. She now lives with the boyfriend and had a baby with him then quit her job!!!!! She wants to live off of her boyfriend and our hardworking money and not take any financial responsibility what-so-ever because you know why??? The system allows that!!! I now have a son with my husband…. We have to pay her 800 a month. That leaves us with a negative amount after the mortgage and bills are paid…. no money at all for us to live off of…..our child who is only 2 needs milk and diapers….. but does the system give a shit about my 2 year old. I highly doubt “bitching” is even the word. Children need to be taken care of….ALL children!!! from broken homes and from a home with both parents…. and when you are trying to do the right thing for ALL of your children but can’t afford anything b/c a cheating lying ex-wife who doesn’t wanna work and live off the system steals all your $ b/c she can,,,,, that is when something is wrong!!! VERY WRONG!!!!
Annonymous…you are completely WRONG.. I have the papers here that state the percentages and your right that does NOT show a rate of 65%, however I ALSO have a COURT document from the New York State Child Support Unit stating they do NOT HAVE TO use your CURRENT wages to determine Support. They can use their ESTIMATED, what they feel your EARNING potential could be so when they set the Child support if your only making $7.25 an hour and THEY FEEL you could make $20..it will be the $20 an hour they base it on which could be WELL OVER 65%. NOBODY is bitching about having to support their children, however there should and needs to be some fairness on how that happnes!
Senator Kenneth LaValle, 188 State St., Rm 806, Legislative Office Building, Albany, NY 12247…Sorry I did not include his address. Please send him our experiences with the NYS Child Support…Thanks, CG
Anony- I know they can take 65% of your gross, it happened to my fiance in his childsupport. He was bringing home an empty check, virtually 10% to live on. When he questioned the NYS child support system, he was told, ‘well, people have been know to get by on that little’. While he paid his ex about 200 a week for one child, I have been getting about 90 a week for 3 kids. I pay ALL their expenses, clothes, food, shelter, gas to cart them around, etc. I’ve cut out all and any extra things, (cable,phone,internet). The ex has provided them a cheap phone so they can talk to him, and really when he does, he fill’s them with crap about me, and now, he has lost his job again, (did I say he lives in Fla, while I stayed here to keep the kids in their school in NY?), and is taking me to court to have his support dropped EVEN lower? If i can work 3-4 jobs to make ends meet on MY end, why can’t he keep ONE job to do his own duty?
yes they can take up 2 65 percent.
They can, trust me
True they can via court ruling. In Addition they can add a COLA on adjustment on a separate order.. The fact is that you need an expensive lawyer. The courts will walk all over you and if they make an unjust ruling it is assume that you accepted their ruling as just if not contested smartly.
Do your homework, they can take up to 65% if you are in arreas.
No it’s 65% gross, though that’s not a New York Child Support Law, it’s actually a Federal Consumer Protection law. The total garnishments on any check may not exceed that amount, so if for example you’re being garnished for taxes and child support, the two together cannot be more than 65%. That’s right, the only thing stopping NY from garnishing more than 65% of your pay is a Federal Law. The NYS Child Support computers automatically request your employer to garnish 150% of your court ordered obligation (which by the way doesn’t change with your income unless you go back to court to have it adjusted every time your income changes) as soon as you fall 8 weeks behind on your support. If that happens you need one of these to get that extra 50% removed: https://www.childsupport.ny.gov/dcse/pdfs/req_rev_add_amt.pdf
Good thing you posted anonymously because we’d all know who the ignorant open mouthed dumbass is on the forum. As the non-custodial, working, alimony paying, child support paying, 80% of all medical issues paying, getting corn-holed due to a cheating whore with no conscience, ethics, or morals………. I can first handly assure you, IT IS GROSS INCOME!!!! I got hit with that because I had one of the greatly talented physicians of NY, shut my kidneys down from a CT contrast. After 3 weeks in ICU and another 2 additional weeks in the medical wing, not being able to return or be released to work for an additional month after getting out of the hospital, the caring ex-whor… you get the point……. So, the honest, fair, betterment of the child is the concern, F the father and let the sociopath raise your child rape you for 65% of your income. GROSS INCOME!!!! Where I was only able to generate $780/week gross income – no factoring or concern to ME being able to pay my bills, medical bills, food, tests, lab work, various medical, did I mention to forget food??? Forget heat during the winter, no clothes to replace the ones that are getting holes and worn out…… NOTHING!!!!! I got $280 a week for my suffering, for my work, for being the one forced to drive 45 minutes 2-4 times a weekend to be with my baby for 2-4 hours, having her attempting to alienate me from my child, keeps putting me down to ourn child, claiming she’s a student with fully paid college, food stamps, and all the welfare benefits, PLUS ALIMONY AND CHILD SUPPORT!!!!! But noooooo, you’re dumb ignorant corked-out ass (Corky from Life goes on, yes I’m calling you retarded) wants to state lies, ignorance, and then call someone else an idiot………
So do us, yourself, and the world a favor and shove things in your mouth and on your hands to prevent YOU from communicating until further educated….. thanks!
i to had a simmiler story i have joint custady both legal,and phisical and ther so called mother has 3 counts of neglect on her and i am the bad parent because i refuse to kiss there mothers XXX so she turned them aginst me and now im paying support I to give NY child support a F on doing the right thing and on fairness i shuld have full custady i have no neglect charges on me but no im not a woman ..what a joke 06/25/2011 happend -today 3/29/2013 so hang in there your not the only one
If your child is over the age of 18 and will not comply with the rules of your home, ie, no drinking & driving, no drugs, failure to be in school, or work, you are able have them out of the house. With this said, you should go to court and explain this to the majistrate – your child has now become a constructive emancipated child. You will not be held liable to pay the ‘father’ support money- THEY both should go get jobs. – good luck.
‘unemployment is at an all time high no mater your nationality, heritage or ethnicity. and especially since the mis-education in schools, poor food, housing and lack of inherited wealth makes those 2 men in your life deliberately structured on the conveyor built towards incarceration.’
-Neely Fuller Jr
I agree, but I also want to point out that Florida stands side by side on this. I am living proof. I have overpaid my ex-wife and the system has records of this and all the promised “shared parental custody” matters have being ignored and not enforced and really not cared for since the system collects 6% of the income I pay to her through courts. I even had to create a fundraiser site to help me have enough money for lawyers https://fundly.com/father-for-life because it is the only way I can get any help. The crazy thing is the allowance by the court system to continue to do this to fathers that are faithful payers of their child support obligation and yet NO FATHER RIGHTS to anything else. Every time one of these mothers go into court with their lawyers, you are discarded as a “dead beat dad” even when you pay!!!
JUan
Well there you go. Now you no what it feels like. I have been dealing with it for 20 years trying to take care of the problem. Try to live 20 years with no drivers licence and not being able to find good work to remidy it. I am able to make 100000 a year but not without a licence. Its cept me homeless for 18 of those years, try that, not present at all. I have a place to stay now but there is no telling how long that will last with no job. Have had some very good jobs, but can’t seem to find enetone to get me back and forth for very long. So all the people that have a licence and a job that owe child seaport I would like to see them walk a week in my shoose. Makes me wish I never had kids. But that’s what women do to ya and there’s nothing you can do about it
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Bill,
I disagree, I am a Mom who pays for their 19yr old, who is currently living at her Dad’s, they send me bills for medical & won’t explain, it’s for Transgender dr. visits & medication. I won’t pay it, if you are over 18 & have made that decision, pay it yourself! So, I am paying CS, can’t fight for custody because of age, and my kid is becoming a different sex, and changing their name legally. So my court paperwork has one name, and they can legally become another? But I still have to pay CS.
Please understand, I have nothing against anyone in the gay/trans community, I as a parent shouldn’t have to foot the bill for this!
my husband has been fighting with his x for 6 years over seeing his girls….every year she deletes, changes and makes up new rules and stips in her head that she says are in the visitation agreement…Until now neither of the children were willing to speak up since the mom is a bully and a bit unstable to say the least…We are in small claims court every time we wont give her money for yet again something that she isnt entitled to…..Our judical system screws the father at every turn. He pays his child support, gives extra for grad expenses and such when he can, send bday and xmas gifts and hasnt seen them on their bday or a xmas since the divorce…We will be going back to family court soon to change the visitation to reflect sleep overs, weekends and holidays wish us luck…..The thing that is upsetting as well the ny city police dept doesnt want to be bothered when u call and say help me i cant see my children,,,even to file a DIR (domestic incident report) he is grilled each and every time he goes and is told i would never wait this long to see my children from a police officer who has never been married or even had children yet!
On the flip side, my daughter’s dad is over $41,000 past due in child support, has two homes, his own company, and nothing is being done to collect. I have felt it’s not in the best interest of my child to go to court as he has always had little interest in her and still doesn’t know her birthday after 14 years.
I seoerate from my sons mother about a year ago because she her actions and her words were all leading to show she does not love me and does not want to be with me, I stuck around because I wanted to make my family work for my son. After many things happening. I left and became a single dad. My sons mother is in school and so I took on the role of keeping my child during the week, One day I saw a great opportunity to leave the state for work. I left child with mother after I took custody and paid all his expenses for me to get started in new state. Point of the story is, she took me to child support 2 weeks after I left and I know have to pay $1250 a month for one child. Leaves me enough money to basically live minimum wage lifestyle and barely make it by society standards. Im sure my left over salary is great in a 3 world country. But for any of the US states I will now live under poverty line. NY state child support courts are unfair and out of touch with reality. I see where men stop paying for their children, I dont want to do that but in reality it is the only choice to live a normal life going forward.
I am in full support of your decision not to pay, there are times where fathers are 100% correct have tried desperately to do the right thing and only left in bitter shards of an aftermath unable to see their kids, unable to support themselves and are criminalized by the New York Child Support run by mainly Hasidic Jews and similar that believe white men are animals with no soul and their religion already says we are going to hell because we are not Jewish so for them you are NOT human, nobody cares about you. Do what you have to to enjoy your life. Get married, have your new wife open her own bank account, work whatever job you have to that will make it so you can make a living. Yes if you can pay absotely put your anger aside, but if the mother is using you as a gravy train and the courts don’t care the only one you have to answer to god.
The system is in fact broken in both directions, and while it often hurts the NCPs more by default, in the end who’s screwed is really all about which parent knows how to game the system best.
Uh… desperatedad… having been inside the Child Support Offices, and knowing the dress habits of Hasids, and seeing pretty much no one there dressing properly if they are Hasids… I’m wondering what exactly makes you think that NY Child Support is run by them? I mean, if you can see that lady’s elbows in summer… she’s no Hassid.
Kb
Yes there are men who are wealthy or at least well off and cheat the system. The average working man however, is not cheating the system. We are working and struggling to pay our support through the ups and downs of life. We experience job losses, down sizing and no pay increases. With all this occurring the courts refuse to adjust out payments to reflect our true incomes. Result- we fall behind and bitch on this website.
America is the world’s largest terrorist state. Grim faces in Family Court, bailiffs, security officers, and other house negros. Later that night at clubs and back rooms, high fives for the never ending gravy train insured by a system premised on conflict.
Both major parties are now owned by the corporations…
What kind of response is this?
Hi D,I feel your pain. My husband has been fighting wth his x for 10 years. We get screwed every year. My husband has been a new york city police officer for 25 and a half years. Together we have 4 children and we would like to have more.that’s not gonna happen. The support unit took our entire tax return to cover rears. The sad part about that is the rears and reg support come directly out of his pay check every 2 weeks. We haven’t seen my stepkids in over a year. We are being forclosed on. Because of the cs payments we can’t afford are mortage. The court don’t care. They tell my husband to get 4 jobs if you have to. I’ve written to polititions and the local paper I’ve asked people to write to nan hayworth and complain about the laws. It really sucks that my 4 kids go with out and are not intitled to the same life needs as the kids being paid for. My stepkids are 19 and 17.mine are all under 11 years of age. Please write to nan hayworth. I would also like to get a rally going in front of the family courts to let them know how many people think they are unfair and laws need to be changed. Like th age limit. It should be 18 not 21.
I feel your pain, I am a mother paying support, my son is 19… I also lost my house to pay support… Now they are taking 50% of my pay, I was unemployed for 6 weeks, they took 300 from the unemployement check leaving me with 100. It gets harder and harder each day to care for my 13 year old who does not get support from his father who is unable to pay (different fathers) .. we have moved yearly, each year cutting back… I agree… it should be 18… when I turned 18… I was working.. if you wanted to go to college you had to pay…
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Michelle,
hoping your situation has improved at this point. i have been paying for the last 4 years as well for support to my x husband for 2 kids. I know he doesn’t kill himself working since I pay his rent and he is on assistance. Hoping that NY will change the law back to 18 for everyone.
I pay support to ex husband too, he got the kids and one wound up in foster care under his watch. So now I have to pay back the state! So in arrears to state plus he brings me back to court whenever he can for more $. I never see my kids! He got them after divorce bc he lived with his mommy and had stable home, while I was working around the clock and never home. We divorced him bc he is gay but cannot come out due to his religion. It’s a clusterfuck. And now 55% of my disposable income goes to him and the state.
I am trying to put together a samll written piece about the horrors of child support and why the laws should be changed. PLEASE CONTACT ME VIA MY EMAIL IF YOU CAN SEE IT. THINGS HAVE TO CHANGE NOW THE SYSTEM IS KILLING THE GOOD DADS.
Dear Gv Gold…..I would very much like to help u put together this written piece about NYS child support laws. My boyfriend has been so screwed over by these laws and he’s one of the good dads and has been paying his child support. i can’t see ur email address, but hopefully u can see mine.Put something in the subject line so i will know it’s not just a scam email…i get a lot of those. i’ve been wanting to contact someone about the Child support laws but don’t know where to begin.
yes.. taking away the power of the fathers.. making great fathers look like bad ones..
Sorry, but it’s not only men who get the shaft. I’ve been on both sides and been screwed on each.
I would like to help!!
I am interested they are taking my entire check i only have my child
Hello everyone. I know you guys are not the only ones affected by this, but if we get together, EVERY STATE we can make a difference. I told you guys that in Florida I have been suffering the same problem you guys have. Well it is worst than I even imagine. I thought I overpaid her $36,990.00, the COURT SENT ME A ROSTER OF PAYMENTS SHOWING I OVER PAID HER OVER $77 THOUSAND DOLLARS AND THEY STILL WON’T STOP THE PAYMENT ORDER !!! I just got this in the mail today because a lady from the self help clinic in Miami, Florida sent it to me. Talk about crazy… and they still want me to pay more… There has to be some FEDERAL LAW we can invoke, this is insane guys… we are the good guys that pay, not the guys that make money for years while their kids are growing up without their dads and not supporting them!!! Why is the FEDERAL GOVERNMENT not doing anything… letting the state government rip us of the only dignity we have as hard working fathers…
A part that is often left out is everything else that has to pay for. I pay $589 a month for two children on a $15,000 income and then she spends a thousand dollars a month on daycare meanwhile she only makes $14,000 a year. I finally got a good job making $16.51 an hour and after the state takes out i make $5.04 an hour. 80 hours every 2 weeks and I take home less then $400, oh and i have to pay $398 a month for their healthcare. Im at the end of my rope and its making life unliveable
Am down with your program is you are still wonking on it….let me know, please? 716-397-7087
Wow. I thought about that. They shone everyone off as automatic deadbeats. And leave us to suffer
Please contact me Cathy!!! This shit has got to stop!!! I’m a victim of identy theft and the suspect collects child support from me. I’m ready to rally!!! 347.693.5038
If he couldn’t afford to pay for his first two children, he never should have had more.
I have been fighting for six years. I have been out of work as an engineer for almost five years having to work peanut jobs for far less money. They base my support on what I made as an engineer, years ago. I have gone in for a modification multiple times and have been railroaded every time. They take 62% of my net pay which leaves me with $46/week. This is for one child. Back to court in a couple of weeks. This keeps me from living, seeing my beautiful daughter and having any money to move forward. Albany Family court has been found the 5th worst court in the entire US for the last 4 years for favoring women in 92% of their cases. How can we fix this for us and future fathers and their children. It causes much suffering for both but never the Mothers whom take direct advantage of laws that should not exist. I am slowly dying here, COME ON!
I understand your situation. I divorced 10 years ago. I had to close my business suddenly fours years later (unforceen event). With proof of reduced income and tax papers I went to court to have my child support reduced. I was riducled by the judge, who stated that I would have to wait 6 months for a decision. Desperate for money, I took the first job I could get in the meantime- a minimum wage job at Sears. Five months later the judge mails me a ruling saying- reduction denied. Reason I have a job was the reason given. How much money I made there in comparison to owning a business was not taken into consideration. Instantly, I fell one year behind in my payments. When I finally found a better paying job, support court took out their famous 60 percent. These people are evil. We should organize and March!
well i have 2 say this 4 all the brothers out there,that has a child by the nice little white girl in buffalo,that u no the big black guy had a baby by u no that game.well thats the shit i’am dealing with my daughter mother,and the courts.for 11 years,i’ve been fighting 2 just c my daughter,and its funny,that a women who have lied in court b 4,still they beleave that bitch over me.i’ve never been in jail,or do drugs,nor drink,so the courts had 2 change there tactics,just make it hard,and hope that i will give up,but i fooled them i didn’t.cause we as brothers we make babys,and leave,or so thats what they want to say.get a white girl pregnet,and leave them,i fooled them all.yes i pay childsupport,cause i’am not goin 2 let my child suffer,cause people in buffalo cant handle that there is a mix kid.its funny how they r though.the white lady judge,now mind u shes been the judge 4 11 years now,and we went 2 court in june 2010,cause they wanted 2 know F i had any concerns about her goin back 2 her mom,afther cps took her from her mom 4 9 years.i told yes i have concerns,but i know it doesnt matter,it was just more like bring me in to court to force it down my throat i geuss.but at the end of everything the judge said,now mind u she been the judge 4 11 years,she said oh! i c u adrian have a cps case opend,and oh i do?then she looked at my ex.who like i said is well known to lie,she said do u know he has a cps case opend,and my ex said no,then the judge looked at her paper,oh thats the wrong social security number,and i said u people r a joke,cause she been on the case 4 11 years,she new i didn’t have a cps case opended,but thats how they r,i don’t fuck with them people.so not only childsupport is bad,but the whole court system is fucked.
what else is new.write to anybody that will listen.i just sent a letter to wash. dc, to have the bradley amendment abolished and how ncp,s are finaniclly raped buy family courts. you can start by blaming bill and hilary clinton,they both insituted this scheme.
e, childsuport is a joke, my ex call and told me thank you for pay my house rent.. what the WTF ..
Please read a pending bill in the Senate Open Legislation bill # S4547-2011, this bill will reduce a parent’s child support obligation by the amount of social security benefits received by the child. Send your support for this bill and send to other in NYS.
It is very interesting to me that all of these responses are from the non custodial parents who are obligated to pay support. I am sure that I am not the only custodial parent with a different perspective. I have 3 children with my ex husband. We are both in new relationships with people who also have children from previous marriages. The way I see NYS’s law of percentages is as a gross disadvantage to the custodial parent. In our divorce agreement it clearly states what my ex is obligated to pay based on his self represented income (he owns his own business). Since we separated, I went back to work and the divorce agreement also clearly spells out what my financial obligation is for the children based on my income. I make about 1/3 of what he makes and I will tell you that what I provide for our children from my income is more in the way of 90% of my income, not the 29% he is fortunate enough to skate by with. I did not seek alimony even though I was entitled based on NYS criteria as I am willing and able to support myself. I merely wanted our children to be provided for the way they had been when we were together. However, he continues to try and reduce his support stating that his income has begun to reduce due to market changes all while he lives a very comfortable lifestyle for himself. Raising children is expensive, they have constant needs and wants from entertainment to enrichment to school activities and clothing. The list really goes on and on. This sets up an unfair expectation that the custodial parent must incur the costs of all of the must haves and not have any left over for the fun to haves with the children, while the non custodial parent gets to preserve income for the fivalities. I am fine with sacrificing my needs for theirs, but I am unsure why non custodial parents do not have to do the same.
Michelle,
I respect you. But in my case I have been paying child support for 16 years. My ex has worked a total of two years in that 16. I am not talking about two years at a time. I am saying two years total. A month here two months there. So why dosen’t child support enforcement go after her for her half of the supposed support.The have taken my drivers license, my passport, and I have been to jail three times. I am thirty thousand plus in arrears. I pay 635 a month for two kids. I currently make less than 20,000 a year.They take the max allowed by law out of my check and have been doing it for 8 years. But since it does not equal my obligation my arrears keep adding up. Every time i change something the want me to run to new york and go to court. I live in Indiana and cannot afford to eat muchless travel to new york . Now my kids do not live at home and have not for over a year. There mother was evicted from her apartment. So my children live with her sister ( my daughter) and a friend (my son) so why is she still getting my support and not the people really supporting them. And why is she not obligated to do her share to support them.
Gary get in touch with your states legal aide office and ask for help. secondly get another job and find a lawyer willing to help at least to get your children so support will be on her. you have to rob a bank to to get the arrears off (courts hate that) lol just kidding about robbing bank. if the kids do not live with her then why not with you. you have the job and a place for them . put in the work to take them.
Michelle,
I respect your opinion and feel for your situation (as I myself am in a very similar situation). In my divorce my husband was granted the opportunity to LOWER his Child Support payments from $147 a week (which even I felt was too much for him to pay with is income being $9) to a measly $20 a month (which is outrageously unfair). My Ex does not even so much as send our kids a card on their birthday..I know I know the price of stamps is way to high (sarcasm). HOWEVER THAT BEING SAID, it is US and our situations that seem to be in the minority. There needs to be a fair and just balance. FIRST I think NEW YORK STATE should take MANY things into consideration….why is this dad not in the picture…as some of the posters here have attested to some of them are not in the picture by CHOICE of the MOTHERS.; Lets let that play a role…lets take these mothers who LURE THE KIDS over the heads of these dads….and do whatever is necessary to milk NOT ONLY the dads but the STATE itself!!! My current Fiance..and mind you we can’t even consider marriage even though she has a child and married to the man she left him for because NY State has wanted MY INCOME statements to help base his child support on. He was paying the required child support amount as stated by the court and when the next court date came the judge ordered MORE money to be paid weekly and not $10 -$20 NO $115 more a week (EVEN THOUGH his income DID NOT GO UP) he only makes $10hr. So now his payments are $200 a week, and the worst part was they back dated their “Increase” to almost 1 year so he was put $6000+ in the arrears, which means he has lost his license as well. This goes beyond unjust and fair. The NEW YORK STATE child support system is severely broken! When they can decide (and I have the court papers and court cases of examples they gave) they can base child support on the POTENTIAL earning income as opposed to the actual income. My fiance is left with $25 A WEEK to live and that is without paying a dime towards arrears. You tell me please how anyone could support themselves on $25.
Senator Kenneth LaValle has a Bill S2005 pending for child support in favor of the non custodial parent. Please, Please send your experiences with NYS Child Support to him, he is trying to do something. We cannot keep sharing our horror stories to our group…WE MUST SEND THE SENATOR A COPY OF OUR HORROR STORIES.. I firmly believe he can help the non custodial parent….Thanks, CG
CG and everyone else for that matter,
We do not need more people defending the dead beat parents that don’t want to pay support. If they are garnishing your wages so you are left with nothing go back to court with proof and it will be changed. Or never fall behind. My husband has been on both sides of this and although we know the system doesn’t work right, instead of bitching about it we paid what needed to be paid, that included back child support wth him bringing home little to money a week. Now we deal with getting so little in child support it won’t even cover the cost of school lunches. But we deal with it instead of fighting in and out of court because it is what’s best for the child. When we were paying out a ton, I worked more for the extra income and my husband picked up extra hours as well. I have a friend who is in a similar situation, they are holding his tax return for 10 weeks even though his support is caught up, all because nys takes information from August to determine whether or not you are behind. Do you know what he’s doing? Working extra hours. Yes he’s mad, he’s upset he’s been having more then half his paycheck go to his money hungry ex for well over a year. Fact of the matter is, it’s been this way forever it will never change. For those of you saying you don’t have custody because your ex lied then took of with you child, you’re lying. We’ve gone through custody court probably more than most people ever will and my step son is only 10. We’ve dealt with child protective services, we know the ins and outs of court. They don’t let someone just take your child. Grow up admit you screwed up, and pay your support. I know it’s not always fair, but without sufficient proof that you are not bringing home any money the judge won’t change anything because so many deadbeat parents try to get out of paying support. For those of you who truly are getting screwed by the system, know that you are not alone but it can be changed with proof. Contact a lawyer, talk to them see what you can do. There is no need in paying one to go to cs court with you but you can at least get a consult and find out what you can do.
Valerie what bothers me about some parts of your statement is you seem to make it look as if those of us who are being wronged by the system shouldn’t complain about it, shouldn’t voice our displeasures in being unjustly victimized by the state of NY armed with a deceitful parent. What most of us are saying here is that we HAVE been treated unfairly and we SHOULD NOT have been. Taking nothing away from the experiences you and your spouse have gone through with the family court system you should keep in mind EVERY case is DIFFERENT. You say if things aren’t done fairly “go back to court” and PROVE to the (in most cases) very same judge who threw the book at you that he/she were initially wrong in their assesment of the case! Please, most judges are NEVER quick to reverse their decisions! I’m not sure whether its the ego or the fact that they just don’t give a damn or maybe they have gone through a similar situation and just want to screw someone else over! (ie Misery loves company). The point, it’s NEVER a simple fix going BACK to court. Everytime an attempt is made to lower the support or do any type of modification to the status quo your are met with some kind of opposition. I believe what many of us are finding out on this site is we are not alone in this injustice and there needs to be more done to even out the unfairness. For you to imply that we are complainers or bitching about this unjust system is a slap in the face because sometimes hearing of the trails and tribulations one is going through is shared by others often gives the strength to persevere AND bring forth an initiative to facilitate CHANGE. I’m sure you and your husband would benefit if relief of this financial burden were alleviated by one of the bitching individuals if not all when some measure of fairness is initiated.
Dextro is 100% right. I am on both sides I am the custodial parent to my 2 children and my ex is only required to pay $20 a month, which I have NOT EVEN SEEN, while my fiance who makes the same $$ as my ex is being required to pay $200 a week!!?!! How is that fair and just?!?!?! We both have tried for modifications and where denied! My case I was told it was due to him not making enough money it would put him below poverty level, while the same is true for my fiance. He was told in his case…basically oh well .We came base it on what we feel you could make…..
I heard on a talk radio show that the State receives monetary benefits for collecting Child Support. This would explain all of the insane stories by non custodial parents. The system is not broken- it’s corrupt. It’s meant to suck out all your money.
I lost my business and later was laid off from a job. Even with proof of less income and actively looking for employment the courts will not reduce the amount of support. As a result, I fell behind in payments like everyone else.
For the working wage man, this is literally hell.
It is corrupted. I did file to request the support I was paying be modified because I went to a lower paying job after moving to a smaller town to help family. The support magistrate asked the ex husband if he agreed to this. He replied no, he didn’t agree with my income loss. I was denied the request and still has to pay him what I was. He works part time while o bust my ass trying to pay for all he stuck me with. See guys, sometimes the women pay.
Agree entirely with you. My 20yr old just asked me to co sign for a car loan for a THIRD vehicle! No college, working FT, drinking driving. But nothing this mom can do about it
Michelle, I completely agree with you, I also pay over 1100 a month for rent, pay for their food, utilities and transportation. I have insisted the kids get jobs so they can buy their own clothing and if they want a cell phone. The ex is pretty far behind in support, and is taking me to court (lost work hours for me) to reduce his support for 4 kids to 15.00 a week/per kid. I agree that the NCP may have it tough because their wages are garnished, but it what happens if I dont work 3 jobs to pay my basic’s? Hello Eviction!
Non-custodial parents don’t have to incur ANY costs for the upbringing of their children??? Is your ex just nothing more than “mailbox money” because you have kids with him??? If you wanted your children to be provided for the SAME WAY they were when you were with your ex, then why didn’t you stay together???
The real problem with the support system lies with the PERCENTAGES the non-custodial parent has to pay. The percentage of support is based on how much the non-custodial parent has to pay at the time the order is placed. Once the order is set, the obligation is set at a dollar amount until the order is filed for modification. If you or the non-custodial parent do not argue or “modify” the order, then the dollar amount STAYS THE SAME regardless of how much more or less you and the non-custodial parent make. If you want your ex to pay more then file a petition to modify the order. But don’t complain if his income changes because he’s afforded the same opportunity.
Oh and here’s another nugget for you.The non-custodial parent has to deal with the threats of license suspension, wage garnishment, and jail if he/she doesn’t “support” his/her children. What repercussions do YOU suffer when YOUR kids don’t get fed or you can’t clothe or house them???? I’m not saying it’s right and I’m sorry your ex supposedly makes 3X as much as you do, but YOU chose to take custody of the kids, didn’t you???
Try being a CUSTODIAL dad with mom AND girls confirming this and STILL being branded NON custodial parent and being charged 6000 support.have support warrant, legal lien on my bank acct AND resticted license. They WONT vacate the chrge. Cant get a floor sanding license cause thats what i do and all three live under MY roof. So figure THAT!!!! Its hard enough supporting everyday life. Im essentially TRAPPED
To add I always hear that the non-custodial parent should of stayed with the ex and it’s his choice to leave. Leaving the ex-wife and children to suffer. Marriages do not always work out and couples must part ways. The child enforcement system is cruel and unforgiving. Children must be cared for, but they are mostly used as financial weapons. It is rough being divorce for the entire family and a compromise must be reach, but the system just encourages the wife to get more money nothing else.
Well michelle. how about i have to pay 230 a week plus arrears to somebody who works 25 hours a week. makes 50K on that 25 hours a week. On avg i work more than 40 hours per week, I pay 12k to somebody who make 10k more than i do … and she doesnt even work 40 hours a week.
Tell me is that fair ?
Does anyone know if there is a tax credit in NYS for the non-custodial parent who pays support? I was recently audited by the IRS (I must be very important to them on my $23K income, more important than illegal alien terrorists getting food stamps and tax checks) because they ordered me to repay a lump sum plus 20% interest, fees and fines, while they took their sweet time auditing me.
Where can I get a $50K job on 25 hours / week?
Katheryn, it’s called an “Earned Income Tax Credit” and is applicable only to NYS State taxes (Not Federal.) You’re eligible as an NCP in any year where you paid all the current ordered support for the year (even if you have arrears from previous years.) To apply you’ll need a form IT-209 from any Tax Preparing Office.
They should not have too pay for tv and movies and games and cell phones pictures and wha other stupid shit that is not need it is not there bills too deal with iff you’re going out and getting needless useless shit then that is on you not the other person that’s what i personal believe get you’re head out you’re back end
Man denied by obstacles to see his son = atm machine empty or not.
NO ONE SHOULD GO TO JAIL DUE TO FAILURE TO PAY CHILD SUPPORT! WHERE ARE GO JOBS? OVERSEAS?
THE JUDGES, THE LAWYERS AND THE CLERKS WHO ARE SCARED TO DO ANYTHING ABOUT THE CRIMINAL ACTIVITIES IN COURT SHOULD ALL GO TO PRISON!
The Bar Association is operating a ‘closed union shop’ in all court rooms. Your Custody Judge, Support Magistrate and lawyers are Violating your rights, ineffective in building a case and offering no recourse or remedy. Google Taft Hartley.
Fire your lawyer immediately. Do this and ask the magistrate or judge; if the Federal Government is giving each State grant money for every registered live birth thru the Social Security Act of 1935, then why is the State, where you reside in, not paying it’s Rightful share of child support to your children?
Since, the Fed, the State and the Social Security department are the Indispensable Third Parties, why has this court, the opposing lawyer and even your previous Lawyer have Failed to give Full Disclosure of this Fact in that court room?
File your own paper work in as flesh and blood man or woman with a soul. Not a corporate party in this Administration Procedure Court based on the Act of 1946. Where common law has been ignored. You do not give your consent to the proceedings nor consent to appear under their jurisdiction.
You request they honor your reserved rights and do a non income garnishment of your wages. I can provide paper work but there is much more to this. I suggest you research and study the key dates, terms and phases and Federal Acts. Google Rod Class and Common Law Jury in New York State!
Why doesnt everyone start writing letters to :
Hon. Judge Hoffman
60 Lafayette St.
NYC, NY 10013
He is the SUPERVISORY JUDGE over all of this for New York……..write him print out this blog all it takes is a stamp or he will turn his Ostrich head in the sand!!! PRINT THE ENTIRE BLOG LET HIM KNOW HE SHOULD CARE AND CHANGE IT!!!
My ex-husband is SOL when it comes to child support. His daughter’s mother gets $168 tax free dollars from him every week while he has less than $99 GROSS left to survive on. How is that fair? He can’t help support our son because the 7 yr old daughter gets it all. Our 15 yr old son has been living with him the past two years. I was currently laid off. Although I’ve provided most of the support, I let his dad claim him. Guess who took the taxes? Child support. $3,000 sent to mom! Aint that some $#|+. He went into arrears a few years back when he was laid off for a few months. Plus mom threw in some old medical bills. Bam, $5,000 arrears just like that. They expected him to pay the same amount even when he had no job. And even with a different job, they expect him to pay the same amount. Yet, if he got a better job, I’d bet they’d increase it! Anyway, they’ve been garnishing the support and arrears for the past year and a half. The man had less than $600 a month to survive on. Even though he has our son, courts don’t care. So he was laid off this past December. Hoping the tax money would help him get through. Well, that’s gone. And then to make matters worse, they are garnishing the full amount from his unemployment check. $268 a week GROSS. Mom gets $168 tax free. What a joke this NY system is. So one kid needs more money to live than two people? My ex and his son are suppose to be homeless? Can’t pay rent on less than $400 month to live on? Sad thing is, I was laid off from work too. So I’m not much of a help. I’m supporting my son on savings but I cant pay all my ex’s bills. And the kid’s mom still makes good money. Why does our kid have to suffer? Point being, dads are beat up on in this system. I’m an ex wife who doesn’t hate her ex. He does the best he can for both kids but the courts are raping him in favor of one kid. The BEST thing men can do is REFUSE to give women babies! We get to keep the kids n keep dad out of their lives but suck them dry money-wise. It’s terrible for a man to have kids. Yup, he’s not evdn allowed to see his daughter except when she needs a babysitter. I keep telling my son, please be careful! Child support will ruin ur life! I want to be a grandma one day but for what? So some chick can have all his money and he has to live with me his whole life?!
Michelle,
First of all let me tell you I see things from BOTH sides, as a NCP & a CP. Yes, that is right, i pay & receive (2 different Fathers) and with my one “child” that I pay for being over 18, the one that suffers is my 13 years old, because the money I receive & then pay, is basically a wash, i don’t have money left for extras for her. I am court ordered in my divorce to carry health ins, because mine is better, but I still have to pay 50% of medical for both kids, as well as school functions, lunches, gymnastics, clothes, food, so who suffers here? A child that I actually have custody of and lives with me, or an 18 year old adult who is never home, works, and I can’t have visitation or custody? The NYS guidlines they are still using date back to 1989, and I do not agree with them in this day & age and the current state & price of health care. 17% less FICA, simply does not work in 2014.
Well first off you’re child really dose not need gymnastics were you’re paying hand and foot for it if you’re crying a but all the other bills you’re having too pay sorry too say my boyfriend just got hit with paying $50.00 a mouth gor his two kids mind you we both have no jobs at this point and are jobless we would not being paying out for stuff in less it was really need hospital bills I see dippers and food and that stuff they need too live on I can see but stupid add in bull you’re crying you’re haven a hard times paying for cut them out the child or children need school food and stuff too keep on there bodies but not too be add too things that take a were from bills being paid and there nee being meet you’re the one too blam for you’re problems there put needs over wonts
Brandy,
First, No my child does not NEED gymnastics, but at $45 a month, I will make it happen rather than letting my child sit around and do nothing! Second, you are defending your boyfriends CS issues & how you both don’t work! I do, I work my ass off so I can squeeze out an additional $45 a month for gymnastics! Third, you and your BF should get a job, or an education so you can learn to spell & be employed.
It just shows how ignorant you are posting these statements on this blog, and you completely missed my point on NYS laws! Idiot honestly!
Brandy,
$50 a moth for 2 kids, cry me a river! I pay $500! For one 18 year old
I again stand by my statement….IGNORANT!!
WELL FIRST OFF GREAT JOB ON NAME CALLING REALLY MAKES YOU LOOK SMART NOT 2ND THAT’S $45.00 THAT Could go too that child’s schooling food household needs bills and not on something that shows how well you’re child cna bend there feet over there heads roll and dress like little woman 2nd my boyfriend has been looking for a job and has been since he was layed off and be for that so don’t tell me what you think my old man should do because even with out jobs our bills are still paid food on the table and stuff on our back and shit 2nd I can look for work all I won’t I can’t get a job because of ptsd back problems adhd disliksey add black outs and the other problems I have but I am still going too school for my dreams and live on a hell of a lot less then you’re pittyed cry baby self dose and we still get by with the child support he just got hit with you’re just wonting stupid shit for you’re child too do when the park is free and having friends over from school is free and bill and shit that child really needs is meet so look like you’re the one that’s stupid not me because children having the really shit they need and not a waste of money every week or mouth on shit they don’t really need from. person bitching a but this and that when it comes too therw children needs not being meet but takes money that could be use for there needs for a class they don’t need good for you’re ass you’re in the wrong place too be bitching
Keep running you’re mouth all you won’t Jl you’re just shown others. how trashy you are and everything and it’s really a pitty any children have too be around you seeing you’re not really all that smart you’re self and $50.00 add the $300.00 back due stop you’re bitching I pay $600.00 for my first too children a mouth add in $500.00. mouth for my other 3 children and the $50.00 a mouth for my boyfriend add it the hell up you stupid low life and we still pay $200.00 rent $680.00 for starge $90.00 for our cells $90.00 for other bills and stuff we really need for the mouth $80.00 for gas in our truck for him too look for work and $178.00 in food a mouth and still have shit left over I may not work but I have stuff too make it by and pay my bills my children and his children don’t get nothing more then what the hell they need plan as that hospital bills taken care of food other things ext no meanless point less add ons
$45 pays what bill in this day & age, I guess I should let my daughter sit around & be a lazy, uneducated, fat ass, that gets no exercise or has any fun As a child. I have a job, a good one at that, with benefits!
Again, you completely missed my point,
Keep it classy Brandy, keep it classy! LOL, my point has been proven here. Enough said, as I can’t even comprehend your writing.. If I have more to say, I have your email as you posted it on here public!
Again, keep it classy!
P.s. It’s spelled “does” not “dose”
Absolutely know how you feel. NYS sucks and is very unfair. My boyfriend has to pay 100. a week to one mother even though the kid is 20 yrs old and has a job of her own and is not going to school and was never told she had to leave his home. ( He had custody.) Meanwhile he pays 80 a week for his 12 yr old. (Different mom.) And his 16 yr old lives with us. (Same mom as the 20 yr old) And the Mother of the 2 oldest does nothing for them. wont even pick up for visit’s. He has to take to her. And if they need a ride to Doctors or anywhere even when at there mothers home they call him because she refuses to give them one. But he has to pay 100. a week to her and the one that lives with us she doesn’t have to pay a cent on. So the 20 yr old makes out fine but the 16 yr old can go without as far as the court is concerned. I have a daughter that is 20 also. And not in school. Same judge and her father makes over $20 an hour but doesn’t have to pay any support and I am disabled. So figure that out. SMH
now … imagine if the situation was … i make 67% less than her but i have to pay 29% +. joint legal joint custody.
i signed off on her keeping most of the maritial assests. i signed off not going after alimony or child support from her. instead i accepted paying her and taking kids less than 1/2.
one year 16 days after divorce was finalized. back to support court to change the only terms that i wanted in oir divorce. she owns a house and a car. i had my car repo’d. with her job and working 40 a week. plus the rental income plus my support paynents. she is ALMOST three times what i have left to pay for my life and kids stuff when they r here. so friggin tell me how fair it is … ur 10% left over after u spent ur 90% of what u earn on the kids plus u get a fat check of his 29% too.
cry me a river. i have my kids two-three days a week and i pay the same as him.
you damn sure got more than me
Michelle I really like your point of view because we have the same history.
I agree with you. I always ask how much would you be paying if you had to care for them. Im dealing with a total dead beat. Quit his job, lost medical which he was ordered to cover and is now to date 5409 in the arrears. License is suspended and he doesn’t care. So while he is doing nothing who is supporting OUR children? I am going into default on my student loans because i can’t make the payments because everything i have goes to them.
You think the percentages are unfair? Are you fucking kidding me?! It does NOT take 29% of one’s income to support three children living under one roof. You ex has to support himself, too. Let your ex have the kids or get a fucking job!!
Support has to be paid, i get that, but what we all forget about is the courts, states, government serve US the people. The help line is a collection agency (third party) for the state. Look how the offices of CSU are set up; security guards, metal detectors bullet proof glass windows- under cover or in investigation buildings(feds or higher law enforcement). Paper pushers behind the desk whom you have to deal with whom have no power to help you(most have attitudes and judge you negatively).The money is really for the state to invest in money pits. No one ever ask why when the funds are collected after the taxes it takes so long to reach the children a week after. the money is un-tax income like drug money, they invest it with billionaires then send it off to the collecting parent once profit is made and returned. if you pay taxes that means you pay government and all its agencies but in most cases because we are ignorant to the facts we can not react or get help to avoid the bull.Lawyers can not help you because they need the courts and state on they side. The problem starts with us the parents whom do not communicate. one feels she is not getting enough solely on emotion and self-fish behavior or the other cause they are bitter the relationship is over. No one is thinking of the children welfare or what they have lost two parents . Bills do not stop coming and that’s realty and now incomes and luxuries have to change because the labor is not being shared any more. I have learned this the hard way. know what your getting into when it comes to relationships because its a business like any other. and remember scavengers lurk around things that are dead. if you got that then your on the level.
Sorry Michelle but you are nuts. I pay 24% of my GROSS for my two 20 year old kids who have jobs, own their own cars, but live at home. I could buy them a furnished 2 bedroom apt and pay all their bills for 1/2 of what I pay in child support!!! NYS does not care about the quality of life children have with the non custodial parent. I cannot afford to do ANYTHING with my kids when I have except hang out in my apartment which I can barley afford. They love me and want to see me but its got to be very boring for them. I Know what the expenses were in my old house and she gets way more then she needs, what about her paying for something???? The judge totally ignored the state rules when she assigned child support she even said ” I feel those numbers are old and low” in regards to what NYS says child support is supposed to be based on both are salaries. There is no reason NYS should require payment till 21 years of age either. Plus you have to pay no matter how often you have the kids. If I take them for 2 weeks my child support should be cut in half that month!!!! They always run news stories on the dead beats…What about those of us getting screwed by NYS!!!!!!
Man I am with you. I have my kids all the time. I had my kids for 3 weeks straight and still had to cut a check. My CS gets adjusted EVERY year after I file my taxes. I can’t even get a second job for min wage because that gets garnished the following year!!
Under Obama I think the age to which child support must be paid will change to 26. It should be 18, the age at which they are eligible for the Draft–imagine paying child support while your kids are fighting in Iraq! I would support a class action law suit against the State of NY demanding equity for non-custodial parents–at least judges should look at both parent’s income, which they currently do not. (I was told it was to save them time in the court room.) Because I lived in a different state than the custodial father we had phone court every time he dragged me in for more money. I said to the judge: Do you see what’s wrong with this picture? I live in my car and own nothing while he has two cars, a house, and $100K in the bank. The judge hung up on me.
It is age 26 for medical coverage ONLY!
CG: I was making a joke!
My son is going to lose his home because of all the liens his x-wife and her attorneys fees she did not pay, his credit is down the toilet. He pays extra in child support for one child, they take part SS Disability and 17% of his pension check. Senator Steven LaValle has a bill S4547 to credit SS Disability and VA Disability towards child support because these monies are earned $$ that my son made. My son has written letters to several senator to support this bill he has received positive responses in support of this bill. I AGREE with all of you that the courts and child support agency is a disgrace and non-custodial parents do not have a chance.
Thank you Melinda for expressing mine and your disgust with NYS courts. I am in total agreement with your sentiment. My son is in a similar circumstance and I am outraged. She got the house, the contents, the bank accounts plus $20,000 in cash and he is left destitute and facing jail since he has no been able to pay support at the $1525.00 per month the court imposed. I am so upset by this all, and disgusted with NYS courts and the biased judges. Good luck to you and your son.
Federal Poverty Level while living in NYS what is the Child Support obligation. Living on SSD since 1994 to date August 2012. Our child was born 1998. Please inform me what the “BLACK LETTER of LAW is in NYS.
I am a mother paying child support… 5 years ago I lost my house to pay support, because they took 65% of my salary… now they are taking 50% for one child who is 19, I was recently unemployed (in which they took 300 leaving with a 100 a week) they are leaving me with nothing to care for my other child, who does not get support from his father who is unable to pay. how is this child support… at this age they can enlist in the army and vote… they drive and work jobs…
wow its refreshing to see another mother paying like me they did the same to me, they leave me no money for my 2 other kids! its not fair in the least!!!
First of all I’m a custodial parent. I’ve worked 2 jobs for 15 years. I am not a wealthy woman or well off but happy with what I’ve accomplished on my own. Unfortunately there are to many CP out there that will go for everything they can get. I went to CS court a few years ago and asked for an increase.It had been 8 yrs since I had an increase, though that was my choice. What they wanted to give me was ridiculous. My X has a new family and other children(been divorced for 15 yrs) so what did they expect him to live on? What kind of an example would I be to my daughter? I could not do that to his family. When I told the judge I couldn’t do that and I suggested half the amount they were going to give me, he kept asking me if I was sure and seemed a bit irritated that I wouldn’t rake him over the coals. The courts are blood suckers yes, but what about the CP sitting in court trying to get every last drop of blood they can. Maybe the custodial parents need to take more responsibility for their children and get a job or a second job? Show your children that you have to work to get what you want and not leach off the system and other people. Even after all this her dad was very mad he had to pay any increase… tried to tell him it coulda been worse but I totally remember there’s a reason why we’re divorced 🙂 The most important thing should be the children and their happiness and well being, not how full the parents wallets are.
Hi,
Thanks for your comment.
I am not sure to understand all the details of your situation, but it seems important to me to highlight a point:
Child support should not be conceived, I believe, as an income to the custodial parent, to be adjusted for inflation. It has to be based on what it costs to raise a child and the incomes of both parents. There are very few states in this US which applies these very common-sensical and fair principles to determine child support. Certainly not New York State.
Pierre
The new york state CS laws are a racket, first of all my ex quit her job and been staying home for the past 5 yrs, she claims that she injured herself. My 2 kids are 23 and 20 and I am still paying for the one that is 23 when i inquired about that they said it in the order until both the second kid turn 21. What a bunch of bull. I have arrears off 40k cause my ex continues to want increase for the past 10 yrs. I have tried to get a modicafication because i was unemployed for a year the courts railroaded me on that, so i had to pay half of my umemployment check. The courts are blood sucking just like some of the CS parents. I have to wait until next yr to stop paying child support while both kids have cars and there own apartments, there mother poisoned them against me and although i pay i dont see them. But what goes around come around they say. I pay $1500 a month for both kids and the blood sucker want more including interest on the arrears. What a joke
seriously? Lets see…..My ex just bought a bigger house, garnishes 35% of my wages after taxes, took my retirement, sent them to private school (and refused to pay the tuition! $4000 a year!), took all the equity in MY house before I even married her and holds my kids against me. She also maxed out our credit cards so I would have to pay half of whatever she bought before the divorce! My kids have to see their dad “living” in a 2 bedroom apartment. I don’t drink, smoke or do drugs. I can’t afford to go out. I am a 40 year old teacher in NY eating Ramen noodles and pretty much left for dead. Thank you NY for supporting my cheating ex. Even worse is that I have my kids most of the summer and see them almost everyday. They stay over my house 4 nights a week! WTF am I paying her for?????
I ve bee writing to the senators for years to nothing in relief my kid turned 18 graduated came to live with me immediately now I am going for support just to put the pig in her place all the years of saying I make two to three house payments a month numerous blank paychecks zeroed unemployment checks and jail when they made me lose my job.she works the system well small part time job at times when the kids r outta school of course don’t want full time shed get lowered. third husband second one like me one kid .who lives like a king?now she is telling my kid to do anything she can think of so she wont have to pay I always bought anything my kid ever had nice too on top of it.she is a real bottom feeder and now I cant wait to see if nys will put some screws to her we will see its PAYBACK time. all of these years telling me she wudnt piuss in my face if it were on fire.i will be praying that she will finally have to give my kid a couple of dollars
Good luck, but to be honest do not waste your time. Just pay the blood money till they are 21 (which is idiotic). Life is short, enjoy what few joys you can get. Love your children as best as you can.
Well I’m sorry all of you have to have these horror stories….. But for me I am a custodial parent and have my two sons and my ex lives in North Carolina and I live in New York. I work and go to school and I have been supporting my sons for the last 9 years by myself. He owes me 14,000 and I still don’t get any help and have an order just back and forth to court. Smh so there are people out there that need the support and don’t get it so all the men that are crying they are taking your wages for me I get nothing and work hard to provide and he gets to live working off the books ….
Ny law sucks my soon to be ex has been found in neglect several times and admited to me that when our child was born she had been having a affair with a fifteen yr old boy. Family lawyer tim curwins response is he don’t want to allow a test to see if I am even the father cause it would leave the child w/o a father. My soon to be ex jackie edwards aka strong boast that I am paying on a child that ain’t mine. The court of oswego made it so I can’t even afford to see the child by order I pay for her lawyer her gas to come get him and me to pick him up all cause I live in ohio. She has no finacial responsibilty at all it is all put on me cause she won’t get a real job but pockets thousands in taxes. When all figures added she has thousands more disposable income than me.
where is the fairness for real men doing right. How am I to defend myself when the courts made it impossible. Hell I can’t afford my lawyer now and she is just nasty and I did verify she was having that affair with a child.
I live in NY State and my income is garnished for the support of one child (I have 3). I live on Social Security Disability payments. The fater is a disabled veteran and works; he makes 10 times annually what I earn. Every time I get a part-time job within the earnings limit that disability allows, New York State garnishes THAT income for the FULL amount of the child support, even though I already pay the full amount out of my disability payments. When I try to get the garishment stopped and the overpayments retuned to me, the State takes months to do this. How can the State legally extort payments ON TOP of the payments it already receives?
I forgot to add that when New York State does repay what it extorted in double, sometimes triple FULL payments for child supoort, it only repays about 75%; the claim: the court ordered WEEKLY payments and since disability makes MONTHLY payments, I am always in ARREARS; hence the State needs to hold onto to EXTRA money in order to make timely payments. I think the State is using all this money to make interest off of law abiding citizens. I pay my support on time every month. How can the State then extort all my part-time jobs for the FULL amount of support every time I add a new part-time job? I have never felt so angry and helpless in my life.
Please read Bill S4547 sponsored by Ken LaValle, this might help you…please read, and if you feel this applies to you send him a letter in support of the Bill S4547. CG
Before my son was 18 I was paying $650 in disability benefits plus $200 court-ordered child suppot payments from my SS disability payments. Today I got smacked with a “COLA” garnishment; I received no such COLA benefit to my SSD payments. Now that my son is 19 his father is no longer eligible for those benefits. I supported Bill S4547, but it’s too late for me to enjoy the justice.
I am a CP who is in and out of court with my ex for visitation and support. There are two sides to everyone’s story. I left my abusive ex when my son was 3 months old and within weeks he up and quit his job of 5 years. He was able to skirt the system for a month or so, claiming unemployment until they caught on to him and stopped it. I was awarded $60 a week support based on the unemployment amount, verses the $150 had he still been working. That was over 5 years ago. I did not go after any of his assets, left the house and everything in it aside from our clothes. I just wanted my son and I safely away from him. Since then, he has worked and payed support a total of less than a year. His support has not been increased. He has had no consequences for not paying even though we’ve been to court numerous times. I moved home with my parents and returned to school to obtain my RN license. I worked my butt off, provided what I could for my son, and bettered our lives. In the meantime, my unstable ex has continued to harass, lie, and bully me. He fights tooth and nail for increased visitation and all the benefits of parenthood, yet doesn’t do a damn thing financially. To top it off, he picks and chooses when he will exercise his visitation. In the last year, I have received 6 weeks payments, and that was only because the judge threatened to send him to jail. The very week our court case was closed, he stopped paying again. Yesterday, I received a call from him stating that child support collection took his vehicle. He had the audacity to be angry with me. I am remarried and my husband and I work hard to provide a comfortable living for our family. Just because we make more than my voluntarily unemployed ex, shouldn’t affect whether or not he pays. Whether or not I choose to work should have nothing to do with the amount he pays. The fact that I work 40 hours a week and make a comfortable living shouldn’t mean that my ex’s support be lowered because he chooses not to work. Those of you with ex’s who don’t work and are raising children on your support alone, they are hurting your children, not you. Even if they were employed, your payments would not change, but your children’s quality of life just might. The size of either of our families shouldn’t affect the amount he pays. Children, whether they live with you or your ex, still cost the same to raise. If you can’t afford to take care of the children you already have, why continue having them? It is a known fact that support payments don’t decrease or increase because one parent decides to have more children with another person, yet I hear NCP complaining about it all the time. Each of us here chose to have children with our ex’s. As much as we love our children, we obviously feel we’ve make poor choices in who we had them with.
I came across this thread while trying to research methods NYS uses to collect support. After reading all the posts here, or at least the intelligible ones, I have to say that for every person who feels they are getting screwed by the courts and are over paying, there is at least one who’s ex is screwing their children by not supporting them.
I honestly believe that some poeple are too ill to work through no fault of their own. Does that mean they shouldn’t have children? What if they had those children before they became ill? Why should one parent become impovrished by the other parent’s greed when the child they share is taken care of, has everything he needs and many luxuries? What if that child was taken away from an ill mother because the father felt superior? Should she be required to pay? I don’t think so. Any parent who goes afte an absent parent just to get a few more dollars is teaching the child that the absent parent is good for only one thing: money. Instead, he (or she) should teach the child to cherish the mother (or father) and to feel compassion for the parent’s inability to provoid lots of extra money. I don’t believe that NYState should have the right to extort money from my paycheck at the State’s whim and without informing me. In NY we don’t even have the option of self-pay. When I got behind on arrears due to disability the State took my passport, my driver’s liscense, and almost threw me in jail. Is that good role-modeling for a child? I don’t think so.
I agree with your thoughts on children cost and they should be taken care of regardless of whether or not the couples who’ve had them are together or not. The problem most of come across as NCP is that the CP abuses the the laws governing the child support. Taking care of your child from an outside household should NOT mean you should live your life on your knees because the CP wants to be spiteful. The children ARE the most important element in this entire farce yet it’s really not them that benefits at least not from the financial fleecing the NCP endures to where they are unable to do anything worthwhile with their kids because they just don’t have financial resources for entertainment purposes.
Hi John– NY requires child support payments until the child is 21, not 18, unless he is fully emancipated. You would be required to pay arrears if she petitioned the judge for back payments. Keep in mind that the money belongs to the child; it is the child’s right to get that money no matter what agreements have been forged between the parents–that is the law. There are no limitations for the child being able to collect this money on the State’s behalf. Hopefully your X will be rational and stick to the agreement to which she committed. On the other hand, you may get a rational judge who upholds the CS provisions in the divorce decree. I hope you do. NYS is out to screw the absent parent and it treats us like criminals.
Danielle,
I have to agree with you. I too am the CP. While the ex was living in the area, he had hit/miss visits, leaving the kids to be frustrated and angry, it seemed, mostly at me. I was getting about $60 a week for 4 kids. For all the NCP’s, please know this didn’t cover their food, laundry, any extra expenses, lights, internet, gas to take them to football practice or even church. He has since left the area, but still meddles in my business using the kids to see what I’m doing. The ex often looses his job prior to any attempt I make legally to have him be responsible. I resent the fact that I’m to be the CP, and bread winner, and workhorse for the kids, while the ex seems to sit in the corner like templeton the rat, sniveling and complaining at how hard his life is now (that I am not there to support him) that he lives with his mother in florida.
I know this is a little old but, I also pay support in nys, i am also a female, my ex took my daughter and ran off with my best friend refuses to let me see her, i dont have to pay too much bc i dont make alot but its about half my check, they are so concerned about the kids, but i have 2 kids at home i cant take care of bc of this one kid! I also can not take him to court unless i have his address? i have no idea where he is, how the hell do i modify this so i dont get sent to jail? i feel like they want us to go to jail, i feel like its a trap! i totally understand what u are going through its really really hard and they break the rules in so many ways, i read they cant take more than 50 percent of your income, and i also read they cant put u in poverty which is what they are doing to me with the medical! I think we are totally treated unfairly and they never hear our side and i think tis bc we dont have custody so we must be bad parents or something! this makes me angry, somethings gotta give right?
oh just so everyones clear, there was no reason he took her away from me, he lied and said i was doing drugs and once i proved myself he was gone!
The people who siffer the most in these scenarios are the children. They grow up with the idea that one parent is bad and one parent is good. This scale of values is based on $ money: My son’s father tells him that I’m “evil” because I don’t give him all my money; meanwhile my son watches me struggle from month to month, sometimes without food and certainly without housing of my own, while he struts around in a pair of designer jeans. A case worker from our county child support office finally called me to explain why the State garnishes all my of jobs for the FULL ammount of support: She said that a computer runs this system and automatically deducts the full CS obligation from every paycheck with every business with which an SS number is connected because some parents can’t pay the full amount from just one job. Ha ha! No wonder, right?! She said that the agency keeps one full obligation for parents who are paid monthly but have weekly obligations; so each month there’s the full support amount sitting in your account from which the pay is drawn weekly; meanwhile the “extra” money the State gets is invested so it can reap the interest and keep it. I guess that’s how they pay all the nasty drones who run the agency. What’s so devestating is the reality that my son will return home after college and I’ll have to keep paying until he’s ready to move out of his father’s house. He can’t live with me because I don’t have housing! He could be 30 and I’d still be paying. Or he could decide to get a Master’s or a PhD and I’d have to pay child support through those degrees–until the child is emancipated. Also, I’m obligated to pay his college tuition, by law, even though married couples are under no such obligation! (Of course his tuition is already paid through his father’s Veternan’s benefits.) Can you believe it? We are hostages of the State. Criminals. I can’t even travel without my passport being checked to see if I’ve paid my support. I have, I’m sorry to say, developed actual feelings of hatred for my son’s father and this is a terrible way to raise a child.
I see and understand Everyones Anger towards the system, Im angry as well and practically new to this CS sys which ive already experienced the Law Favoring the Deadbeat Mom who refuses to work and has another child by another man prior, but lied and said she cant have anymore children . Mind you we were never involved and we hardly knew each other. Long story short this woman, unbenounced to me, happens to be a career breeder. Who has children for money, playing the sys to her advantage
Anyway, i wont be a victim to the sys, EVERYONE we need to find a solution and put into action a law that protects the non-costodial parent who is there for their child, but gets RAPED by the sys.
Instead of Complaining about the problem…Lets find a solution and CHANGE the problem !!!!!!!…….
This System is in support of the downfall of our society as we know it! Which starts in the Family Setting
A Family that Prays together Stays together and a Family that Fights someone is going to lose their Rights…..
I agree and want to help!!
I’ve been reading the comments that have been posted by both sides of the proverbial coin and I’m compelled to believe that non custodians are screwed over way more then the custodial parents. While I’m not suggesting in any way that custodial parents deserve to feel the pains of non custodial parents I AM stating that NYS child support enforcement has definitely missed the intended mark when it comes to allocating support. It is heavy handed towards noncustodial parents and certainly NOT taking the children’s best interest into consideration. With that said I’d like to say that as a non custodial parent who has paid for 2 children from the ages of 1 & 2 who are now 20 & 21 I have to attest to the fact that the only thing that NYS child support has been able to do was ruin my financial life and allowed for their mother to manipulate the system at her whim. No matter what I tried to do she thwarted my every attempt and the state of New York allowed it. I lost everything I tried to gain through my hard work and efforts. The state of NY had no cares as to what my needs or responsibilities were just as long as I paid my monthly child support obligations and boy they are at that 65% mark! I have been repoed, lost my apartments, credit score has tanked, my marriage also went to the toilet due to financial disputes because my wife couldn’t understand how and WHY my support obligations were not and have not been reduced. Let me add that I’m NOT in arrears never have been, never claimed my daughters towards taxes and I have never claimed them during the year to be taxed less off my pay check. I have worked for the city for 21 years ironically I’d gotten employment because my eldest child was on the way and I needed gainful employment because as my father informed me “you can’t just have kids and not expect to care for them”. I have had them under my medical plan from birth and they are both currently still covered. CS has never ever been fair towards the fathers or most non custodial parents in the state of NY, it has only succeeded in degrading and decimating the financial self worth of the paying parent regardless of you being a good parent or not. Even though I will never benefit from any measures that would call for reform to the current system I support ANY measures presented to effectively change this horrible cycle that has done nothing but ruin people’s lives some beyond repair. This year 2013 will be the final year that I will be required to pay child support as my 2 girls will be 21 & 22 this year and both are of the same order so I’m through, but for those still going and just beginning I will forever be in support of changing the laws to evenly distribute the burden of child support. BOTH parents should have equal footing in the financial aspects not just one while the other either abuses the system or the system unfairly abuses the paying parent. BE STRONG MY FELLOW CS PAYEES WE WILL PULL THROUGH WITH LEGAL LEGISLATION AND WE MUST WRITE TO OUR POLITICAL ALLIES AND GOVERNING BODY TO PUSH FOR FAIRER SUPPORT RULES!!!!
I’m a non-custodial parent in New York State and as I understand it, I’ll be paying until my son is out of college, or out of “higher education” regardless of his age. Isn’t it true that in NY State the non-custodial parent has to pay as long as the “child” is enrolled in school? My son plans to go right from his undergraduate degree to his master’s degree and according to the law as I know it, I’ll have to keep paying until he either graduates or emancipates; but as long as he’s in school and living with his father, I’ll have to pay–even into his 30s. It used to be that you paid until the “child” was 18; then 21; NOW you pay until they’re emancipated–which could be a long, long haul. Is anyone else familiar with the law as such?
Yes I’ve been dealing with this bull for years and I’m pretty familiar with the laws unfortunately against these bias laws non custodial parents don’t stand a chance. Well in your case it’s true as long as the child is in school you would have to pay support but there’s good news once the child is 18 you can deal directly with the child and no longer have to deal with the custodial parent hopefully u can reach a deal with the child to have the support dropped . If a deal cannot be reached still file for a downward modification after the age of 18 you no longer have to pay 17 percent I hope this was helpful to you
Hi, I have been going crazy trying to find an answer to a very simple question. The child support helpline was no help.
I was divorced in 2004. In my agreement it says that I pay until my child is 21 ONLY if that child is going to college full time. It also says that I stop paying child support for that child at age 18 if she doesn’t attend college and works full time.
Well, much to my disappointment, she chose to quit school, is 18 and has been working full time for three months. ( I would have preferred her staying in college)
Do I now stop paying the child support for the 18 year old? In other words, being that its in the agreement, do I just do it? Or do I have to go to court to get permission to do it?
I was going to send 17% starting this month just to pay for my 16 year old sons child support instead of the ususal 25% that I’ve been sending.
My ex wife says that I can’t just do that even though its in the agreement and that she’ll take me to court if I don’t send the full 25%.
Stop paying or file a petition to stop. You don’t owe support past age 18 unless the child is attending college fu time. That is New York State LAW.
Kathryn Kurtz PhD 845.729.6394 drkurtz@mac.com WritingUnderOath.com
(iPhone message may lack edits) _____________________________
Hank , I have a son who is in his first year of college , can I have it so he gets a percentage of the child support to live on , He’s 19
Ok, here’s how it works. 21 is the end of the road, education or no. Emancipation can cut the road short between 18 and 21, and is granted when the kid functioning like a proper adult in that time frame. If they’re still at home with CP sitting on their butts, CS carries on. If they stand up and carry their own weight between 18 and 21, you can show a court “This person is an adult now, by their acts,” and end the Child Support.
UNLESS: The judge explicitly put another date in the court order. If they did then that date trumps.
thank you!
My ex lives in Florida and I was paying her child support, but when NY change the law to 21 she had the case quickly transferred over to NY. Now I have to pay till they are 21 or done with school. The only way I was allowed to see them was that I pay the mom or allow here to keep the child support money while I pay for their care which could be weeks to months at a time. As long as I kept my mouth shut and kiss her a.. she will allow me to see my children. I was trying to put myself through school so I was living off of loans and credit cards. And when I was finally able to gain employment she decided to go for more money plus arrears and told me it was nothing but business. I could barely afford the apartment I was living and soon had to go without heat or be homeless (I was living in an illegal apartment).
My son left his mom when he was 19 and later called me briefly telling me he could not take his moms abuse and is living in another state. For now he has no intention of going to school, but I hope he changes his mind. My daughter use to be honest with me and told me if the money was being spent on them or not. Now that she is 18 she is quiet now. I found out her mom bought her a car and leaves her alone. When I tried talking to my daughter about what is going on she does not want to talk about it anymore.
Before my son and daughter where telling me how their mom spends the money on her boyfriends or shopping, but now my daughter is silent where her mother is concerned and my son is full of rage, yet still fears her.
Months ago I spoke to a CS rep and told them that my son will be turning 21 and I was told it will end. Well the payments still have not changed and when I called again I was told by another rep that I had to wait till my daughter also turns 21 or is done with college. Wait?! I have to pay for both of them till they one them finishes school and are both adults and one is living on his own. I was also told by the rep that I had to prove that my son is living on his own and I had to also prove that he moved out when he was 19. How?
He talks me now, but he hates his mom so much. This is sad.
Can someone help me?
You absolutely don’t have to pay for “both children, only the one who is under 21. File a petition with the court where the case resides to have your CS amount reduced and bring proof in the form of a birth certificate to show that one child has turned 21. You should be reimbursed the overage, i.e. the amount you paid past the child’s 21st birthday; in fact call the support line and demand a check for the overage to be sent to you now.
Kathryn Kurtz PhD drkurtz@mac.com WritingUnderOath.com
Incorrect. Unless the order specifies how much for each kid (an allocated order,) you will need a Modification Petition in Court to find out what the overage is. The State of NY also cannot reimburse funds already sent to the CP, so when the court states how much the overpayment is, you have to turn around and get that back from the CP in civil court. PITA.
We are paying $700 a month in child support for two children, which I think is fair, but we are in the middle of child support case b/c the mother wants more money, she thinks she is entitled to $335 a week. After paying $700 a month we barely have enough to cover our bills and buy food. She has 4 children, two of which are my husbands. She has never moved out of her mothers house and hasn’t had a job in the last 7 years, she always has her nails done, hair done, nice clothes and new shoes and not to mention drives a 2008 Tahoe. She’s doing pretty good for not having a job. I have 3 children with my husband and never do we need $700 a month to take care of all three of them. Child support should not be to help care for the children, not to pay the other parents bills. Regardless if a person has children or not they will have bills….those bills should not be included in child support.
Child support should be for food, clothes, school activities, medical expenses for the children…not for a car payment, or insurance, or to get the parent to get their hair and nails done or for them to go on trips.
For 19 weeks my husband was paying $500 per week. She was getting more money from husbands pay check then we were getting. We put in for an objection and won, but yet we are back in court again…..
We have been to court almost every year since 2007 and not to mention in 2012 we were in court January, March, July, August, September, October, November and now in 2013 January and a now new court date in February all b/c the magistrate keeps giving her more chances to show proof that her circumstances have changed and that he expenses have gone up… in the meantime my husband has had a decrease in pay at work. The money we are spending on the attorney could be going towards the children but because as she said, “I want my money” we continue to be in court.
The court systems are so backwards and is making it very hard for good fathers to be there for their children. I have written numerous letters and made many phone calls… only to get no answers and no help.
The only kind of help we got was when we filed an objection to the magistrates order and b/c the mother could not show proof of her circumstances changed we were granted the objection and luckily my husband was refunded all that he over paid so we could play catch up on all of our bills (the whole process took about 6 months. Unfortunately the objection doesn’t stop her from continuously taking us back to court.
The parent with custody should not be granted more money just because they want it. My job wont pay me more just because I want it. If the parent who has custody is not working a steady job and is complaining that they need more money they need to get a job.
correction in my first paragraph. Child support should be for the children…
Ny child support laws are a joke. They work against the father in every possible way. My husband has a son from a previous relationship, when we first for together he was paying $85 a week in child support, well his ex lost custody due to a child abuse and neglect investigation, and we now get $33 a week in child support. Most of the time that doesnt even get paid. Both times in court my husband got ripped apart. When we didnt have custody they told him if we didn’t come to an agreement with his ex regarding an amount, they would go back to his previous job and do the 17% off of that. So we agreed to the $85, now when we had custody and took her to court for child support, ahe requested a lawyer, the postponed court for 6 weeks, she showed back up with no lawyer, but paychecks from those 6 weeks showing she was “under income” because she works in the restaurant business and stopped claiming her tips for those 6 weeks. When we took my stepson off state aid health insurance and asked for the court to require his mother to pay part of his health insurance the judge told us she only needs to pay 29% because she doesn’t work enough to pay 50% and she’s not required to pay any copayments or deductibles. Child support should be 100% for the child, but it also shouldn’t matter whether the father has custody or the mother has custody. Unfortunately in ny it does matter. They like to screw over the father in anyway possible. They need to find a way to fix that because there are a lot of good fathers out there, that just want to support their children, yet still be able to live life.
Interesting reading through these comments…I am the non-CP, living out of state. The CP lives in NYS. Our relationship has been amicable, and my son comes here frequently to visit. We have a support agreement that we reached on our own maybe 10 or 11 years ago. I changed careers 5 years ago to something much lower paying, but she agreed to a new support amount and supported my career change decision. Since that time, I have only increased the amount once, by a little, but maintained my payments regularly even though I was unemployed for over a year. I have helped pay for things like athletics, braces, and other medical expenses. We are both remarried with working spouses and kids.
Now, all of a sudden – my son is 16 – she wants to drastically raise the support, and is willing to file with N.Y.S. to do so, knowing what they are like to deal with, on both ends. Given that I have been diligently paying roughly 17% for years and years, plus additional expenses, what can I expect them to do? Does she have to demonstrate need to get a new agreement after having our own for so long? Will they just go for 17%, which is what I already give? I really don’t get it, given our situation. My fear is that now the state dips their hands in, and she doesn’t end up getting what she expects, and it just creates a mess for everybody. I understand the need; kids ain’t cheap. 17% of what I currently make is really not much, considering. I just want to avoid the horror stories of 65% and stuff I’m reading about here, especially if he isnt getting any of it…
Unfortunately, NYS gets you in its system you become a criminal. You will not have the option of making payments on your own; the State will garnish your checks. You will pay 17% plus the child’s health insurance and college tuition. If you lose your job you’ll go to jail. They will flag your passport right away and your driver’s license. One wrong move and you’ll lose both. If you get a second job (which you’ll probably have to so you can afford to live) the State will garnish the full payment from that job too. Good luck getting it back. The judge will probably order arrears to be paid–the difference between what you’ve been paying and what the State demands for one child going back to the sate you separated.
That’s not very encouraging…it seems like in order for her to go after arrears she would have to demonstrate some sort of need, especially since she and I had a written agreement on the support amount that we drafted when we elected to not go through the state. She cant have said $xxx is fine for 10 years, but then go back and say, well, actually it wasnt. I have paid 17% most of those years, but not all of them, so I guess they could put the screws to me there, but why would they? Certainly there must be some sort of statue of limitations. I would think they would say, hey, you agreed to $xxx….Oh well, he’ll be 18 next year and I won’t have to deal with her directly. In the meantime I’ll try to persuade her to work together, outside of NYS.
I won’t have to get a second job, but if they took my passport it would make it extremely difficult to do the one I have. We’ll see…
Hi John,
Kathryn is right, it seems also on College tuition. On this matter too, New York State is the most repressive. Why would it be an obligation to send one’s child to College, while non divorced parents do not have this obligation?
http://www.mrcustodycoach.com/blog/require-non-custodial-parent-pay-college-tuition
I need to stress again that in New York State, there is the law, which is biased and unfair, and there is what sub-standards family courts do with it, which is abysmal. If you can, avoid family court and go to Supreme court.
Good luck,
Pierre
Slightly sensational. The system is run by computer, so the wrong moves are very specifically liked to the computer’s reaction: The Drivers License Suspension occurs at 4 months arrears balance, and the Passport revocation at $2,500. The computer auto-garnishes all jobs, but a human being can stop it afterward if one job is sending the full amount… if you have arrears however, you’re not getting reimbursed because they already applied it to your arrears, and you will not be arrested automatically for loosing your job, because the computer, thankfully has not been given that power. Not that reality is much better; jail time is at the whims of the magistrates.
When you go to court they won’t consider your past payments as a matter of fact they will call them gifts.
Wow, I can’t believe this many people have the same problem with CS! I was researching the laws because my husband basically got screwed in court yesterday. He lost his job of 13 years in January. He already has a new job, but of course the pay is lower. The judge refused to even listen to him because his ex-wife said she didn’t consent to the modification. Now I know there are good women who use the CS for the kids like it should be. She does not…she had NEVER worked, and lives off the CS, and gets medicaid and food stamps…even though she lives with a new boyfriend and they just purchased a 300K home (we looked online and found the deed with both their names on it). Meanwhile my husband, myself and our 2 year old son live with his mother because even though I work, we can’t afford our own place. We are looking into getting a lawyer, if we can find one we can afford, because he didn’t get a fair shot. He’s making 400 every 2 weeks and they want him to still pay 230 a week…that leaves us with nothing. And how come she doesn’t have to account for her money and expenses and what she uses the CS for? I know for a fact she doesn’t use it on the 2 kids, because not a week goes by when she doesn’t ask for money for something or have the kids ask when they come to our house every other weekend. They come over in old clothes while she wears brand new name brand clothes, has her hair and nails done every week, etc….If any one could give me some advice on what else my husband can do, that’ll be great. And I’ll definitely be following this blog from now on
Unfortunately Mercedes the best thing you and your husband can do is look into getting that affordable lawyer. CS laws in the state of NY are so unfairly disportionate that the only option for some type of fairness for you all will be with legal representation. As a non custodial parent the system has DEFINITELY screwed me over the last 20 years I’ve been paying. I had my daughters at 19 years old and am on the last year for the youngest who turns 21 this June and I can tell you going into the courts alone with no legal expertise in your corner is a MISTAKE! There is sooo much that I didn’t know then that I know now that could have possibly made my life easier all these years. However my time is all but up so since you all are starting from the BEGINING my suggestion is search for a lawyer who will defend your husband’s rights as a non custodial parent AND would be willing to work out a financial agreement with you to cover his fees because family court law is very expensive because of all that’s involved with it. I wish you all the best but with due diligence you can get this to be a FAIR arrangement.
I wouldn’t bother with an attorney to represent you in a child support matter. The law is the law–the law of the land–and a lawyer can have no effect on the judge’s obligation to enforce it. When clients try to context paying, judges hate it, and screw them even more.
CG
I agree with everyone who has written horror stories about CS. My son is in foreclosuer on his home because of CS. Senator Kenneth LaValle has a Bill S2005 in NY senate to help non-custodial parents. I have gotten friends and family to write him letters regarding CS, he should know of these issues. So please send a letter to him and support Bill S2005, more letters he receives I believe we will be heard…if we do nothing what can we expect.
I agree. If more people speak up the laws can get changed. Are there any groups out there working on this? This is the first time we’ve had a problem. My husband had been paying on time for the past 5 years…he loses his job and bam! he’s thrown in with the deadbeat dads and not given a chance.
I know some other people made a comment about getting a lawyer. As I w as doing some research I saw that if the CS payments would put the father below the poverty line, which is the case with me and my husband. So the judge should have taken that into account, not just dismissed the case. I found a few listing for lawyers in my area so we’ll see.
And if anyone knows of any groups working to change the laws, please let me know, I would love to get involved
Mercedes,
The best thing you two can do is go back to court. Like Kathryn states though, there is really no point in wasting your money on a lawyer, the law is the law. However you ca. Request a new judge. Go in with all of your information ready. Such as why your husband lost his job, how long he has currently been at his new job, all the expenses you two pay monthly. It will be a battle but you can get the amount you pay changed. Everyone needs to understand New York is not out to screw the non custodial parent, they are out to screw the fathers. My husband has custody of his son, and the amount receive in cs won’t doesn’t even cover school lunches. Thankfully we don’t need the cs to survive. However the last time we were in court, to try and get step sons mother to pay for half of his health insurance, the judge told us, that the state is coming around. They see more fathers getting custody and more mothers trying to screw the system. They are just looking for ways to legally stop it. It’s not the best answer, but it’s good to know that some judges see what is happening. Like I said before, don’t give up, it will be a battle but its a battle worth fighting for so that your family can live a normal life.
thank you. Its not like he’s trying to screw his kids, nor am I. I adore my 2 stepkids and do everything I can for them. I wish there was some way we could get full custody but I know thats wishful thinking. We do everything for them, their mom is always claiming she’s broke, but the kids always slip about something-like how she had no money for my step daughter’s school uniforms but was able to buy a purebreed puppy. Thats what aggravates me. But that kind of thing doesn’t get held against her. Meanwhile my husband and I must try to live off what would put us below poverty level and our son has to suffer because of it?? And by the way I do work as well, so its not like I’m sitting home doing nothing. I just don’t make that much…but we will continue to fight and I definitely want to get involved in trying to get the laws changed.
My heart goes out to you Mercedes. I was railroaded by the first judge who ordered me to pay 17% of my Social Security Disability income to the father as well as $650 in my son’s dependent benefits. On top of that I was ordered to pay arrears in the amount of an additional 17%–5 years prior. I was losing $450 of an $800 check! I got a new judge (requested) who was more sympathetic. He agreed that the father was deceitful. He still ordered arrears but in the amount of $50 a month instead of $200.
Wow Kathryn that is just insane. It amazes how a legal system that supposedly does what’s best for the children lets both mothers and fathers lie and cheat just to get extra money.
i worked six months in the last two years, i have not had a job or unemployment benifits in over a year, now i was served to go back to court next month what happens if i have no income. I am obviously being helped out by freinds and family for living expenses. I did send the custodial parent a couple of times in 2012, $1500.00 also did the same for my daughter in her name, does the court take this in consideration. and does anyone know what i should expect in court
Dave– I think you should expect to have the judge back date your CS obligation to the date you stopped paying. It will pile up in “arrears” and you will have to pay it with the regular monthly payment. If you have receipts for the money you paid I think the judge will deduct that.
kathryn thank you for the advice, anything else you know will mean a great deal to me,
Here’s what I’m wondering: My son will be in his last year of college when he turns 21; does anyone know if a judge will order me to pay past his age 21 to the end of his 4th year in college?
Your CP will have to take you to court for that. It won’t happen automatically, but it is a thing that happens plenty.
I have read most of these and I don’t even live in NY but their system is crap. My fiancée and I have his two children 5 days a week and he has primary physical custody, but because their mother is living on state assistance, we are paying HER child support for the two days a week she has them. We are living in PA for my work and he hasn’t worked in at least 6 months. We are living in an apartment half the size of hers with two dogs, two kids and the two of us. We struggle and live paycheck to paycheck paying for all of their clothing, activities and toys. On top of everything we pay for, we also drive 5 hours round trip twice a week for her to have the kids for her two days. She does none of the driving and asks us for cash when she is short. If we have the kids the majority of the time, at what point does their real well being come into play since we are barely making it by with bills and C.S? I work overtime every week as much as I am allowed to cover everything and we still come up short. We only have one car because we can’t afford a second one and even if we could afford the car, we couldn’t afford to put gas in both of them. In my opinion, the non-custodial parent is really getting the better end of the deal. Is that because she is the mom? Her history with alcohol and drug abuse keeps her from getting the kids more often or having joint custody, but I still feel like just because she is female she is being favored. I have no say in their agreement or in court because we aren’t married, but this whole ordeal is keeping me from committing 100%to this relationship. Is it fixable? Or do I just have to wait until the kids are 21 before we commit? (they are 3 and 5 right now)
I really sympathize with you Autumn. New York ourts do favor the mother for custody and cs payments; although I am a mother paying support I am subjected to the same wretched system as are the non-custodial men and I now understand that they are treated like scum criminals. Once you’re in the NY system you are, in fact, considered a criminal, and you’re only a few missed payments from going to jail. I was unemployed one summer and within two months cs had seized my passport; one month later my driver’s license; one more month and I would have gone to jail but my appeal hearing happened to fall on a date before my scheduled arrest. The father was living like a king and I owned absolutely nothing–I was homeless, depressed–and owed $450 / month. I’ve been in the rat race for 10 years; my son will 21 next year but he’s still in college so I wonder how the NY courts will treat that? Will they end support of force me to continue because he’s still in college? I pay so much more on top of child support, as you said–I pay for his cell phone, clothes, car, trips, cash. There is an end in sight, but you have a long haul. I suggest that you appeal. Different judges make different decisions. For example, I got my “arrears” reduced to $50 / month instead of $250 simply by changing judges. Do everything you can; do not accept this situation as it stands. What have you got to lose?
Can you send your child money in her name and be added in as child support if she is over 18 years old
No. Only court-ordered payments count in NY. I tried to get support payments to my two other children credited in a spearate case so that I could pay one father the percentage for three instead of one, but since the payments to the other children were not court-ordered the judge demanded that the one child be treated as a separate household and be paid the percentage for one.
File for a “Change of Payee” in court, and you can have the CS redirected to an 18 year old DC directly. They’ll get the checks in their name, or their own CS debit card. Then carry on paying thru the system and it will go to the kid instead of the CP.
Where DC is Dependent Child… sorry for the jargon.
Hi,
Thanks for this information. Can you please put it in a few comments, instead of plenty?
Thanks,
Pierre
I recently left the marital home back in August of 2012. Up until December I had paid Child Support without an order at $800/month for one child. Since December 2012 to present I have been paying a court ordered amount of $850. My ex chose to go through CSEU which is a joke in and of itself but now despite my payments I am showing in arrears in my new account. So of course I have had to send my cashed checks to CSEU who now tells me that it will take at least a month to process. All the while garnishing an extra $198 out of each of my checks creating ultimately an overage. I am currently seeing my son 3 times a week which I had to fight for in court. I will say that in my case as a result of all of my renovation/building in the marital home my ex is going to have to pay me almost 20k in equity for it or sell. I am currently living in a house of cards but slowly i’m bringing pieces together. Hopefully the child support will not exceed $1,000 for my son in the end. But I still have a couple cards up my sleeve for the final showdown. All I can say to people is that I have invested hundreds of hours to this beyond even the scope of my attorney. I have fed her everything. Hopefully I get fair. I do know that once this case goes from Supreme Court to Family Court those dynamics will change. Just to comment on a couple posts if your court ordered to pay $800/month. $800 /month is not removed from all of your jobs. Mis-information is why people say never read this stuff. Alot can be helpful but in alot of cases people make statements about what they think they know without the knowledge to back it. For me I’m struggling but a new life is beginning with my son. I’m now looking outside the box for “extra money” that can’t be touched. I’m just a couple months away from that security which will all but make child support dissolve. Unfortunately when you have a spiteful ex you need to strike back.
Had 50% taken for eight yrs. Had it discontinued as of 10/2011. Now they are back again for (alleged) arrears at 60%. Now have to consider quittimg my job and leave NYC. Check now $95/wk, and cheapest housing is a room at $125/wk and up. Add to that transportation for work, food, personal hygiene supplies and you get a hopeless situation. Don’t forget taxes come off the top so these S.O.B.’s get their nice paychecks.
I was married and had 2 children, the divorce became final before the 10 year mark, thankfully. I couldn’t stand letting her live off of me for the rest of my life.Anyway my youngest was only 4 yrs old at the time. We tried the regular visitation with a neutral drop off and pick up.for about 6 months. Then this Ass moved somewhere in the woods between Elmira and Watkins Glen. Visitation stopped but i was still paying support faithfully. I left the military and was unemployed for a while, tried taking her to court in Chemung County which was where the last order was from, I was told then, that if I didn’t know her address it would never happen. So a year later I still had not seen my 2 kids and I was still living at the same address. I received support court paper work. Needless to say, it was increased. Don’t forget the COLA, if they dont actually raise your support, they will bring you back for cost of living “ADJUSTMENT” so I mentioned that i have been kept from my children for almost a yr the judge said take her to visitation court. No problem since I now had her current address. 3 months later when I finally had my court date, guess who wasn’t there. They told me the mail was returned with no forwarding address. I had been playing cat and mouse with her and her address from 1997- present (Gotta love the N.Y. WELFARE system too)only exposing her address when she wanted more money. in 2001 I relocated to another state married again and had another child. All is well again, no more drama right? wrong, This is were the state bends you over and dry @#%$#@%^ you royally.
they wanted my tax return from the year prior like most times, but now they had my current wife’s income. which is completely wrong I feel it does not concern her money, since they didn’t add in my ex’s current husbands money. boy was I wrong!!!!! They factored what “our” bills were and took the %65 that they legally can.because my current wife’s income was now part of mine.
No dinner No movie No pillow talk after. I still can’t sit down without a pillow! my wife was contemplating a divorce because our daughter was going to go without because of N.Y. for a while I had 2 jobs to try to cover the money that n.y. took, but of course they just screw you again. “oh we see you made an extra 10k last year” yep I lived on about 5 hours of sleep a day for 4 nights of the week to help my wife pay our expenses” “you do know that we have to count that income when we make the order- lucky i was on the phone- my response? Awww Fuck!
I’m still dealing with N.Y. and her bullshit tactics even though I haven’t laid eyes on her in over 10 years.
Question: I am the wife of a father who has been deprived of even hardly knowing his daughter. He has been paying cs her entire life via court ordered wage garnishment. She moved out of her mothers home on 10/31/12 and the mother continues to collect & keep the payments. IMO a good mom would give the money to the child, it is theirs after all. How and what should we do to get this money directly to the child that now lives on her own in Ohio. Original case in nys where we live. The mother & daughter & their family moved out of state many years ago and my hubby never contested even though it was against the court order, among many other things the mother did not hold up her end of the court ordered agreement which my husband just let go.
File a motion for a “Change of Payee” to pay the child instead of the CP.
WOW!!! Just stumpled upon this site and it amazes me how the system works.
We hear some much from the women but hardly from the men. Silence from the men is not the issue. The issue is that they are not being heard!! The system seems to lump all men into the same pool. That is not the case and it should not be!!! There are very much decent men that care and do what they are suppose to do but their voices fall on deafened ears within the system. The laws are soooo out of tune and dated. Now adays women work to and some make more then the man. It seems that the system only looks at one side, The side that has to pay and comes up with some off the limit amounts to pay when BOTH incomes should be counted,
Women out there get their child support but do nothing to give support towards
the child to see their fathers. This is a known fact! They want the money but
don’t seek out of that arena. Are there deadbeats out there? Yes, from both
sides..the man and/or the woman. Yes, you know who you are ladies…give them up and don’t want to pay YOUR share. Where is the news on them? Please don’t take any of this personal as this is coming from a factual side. Some woman just don’t push for children/parent relations and especially when they have a new family. It’s sad, but both sides have a share in this.
Ps…Here is an idea!!!!
To help with the economy child support should be taxed to the receiver.
They tax social security which was already taxed, you pay taxes from your
salaries, pay taxes when you shop..so why not child support???? Also the parent that gets the child support also claims the child/childern as a deduction at tax time. Tax that money as income as it is!! On forms they have an area where it says, add other income such as child support. INCOME which is exactly what it is.
And give the person that is paying it a write off and you’d probably see funds flow in.
Not a bad idea!!! Have to send to our voted in members to consider this.
I know for the ones on the receiving end…this will not fit well with you as you want it all and nothing to the other party. Interesing time but the law is dated and needs to moved up to the 21 century.
As a women myself, men don’t give up on your cause because if you do they win. GOD bless to all the men and women that are doing the correct thing!!
Have a great day…because it is!!!
As a woman who received child support I 100% agree with your statement!!!!
My child support was established years ago at 1300.00 a month when I owned a business that did well enough to sustain it.
I lost the business shortly after and sought modification based on my then new full-time job and the earnings I confirmed with tax returns. That income was half what I made when I owed my business.
Denied.
Arrears began to add up and again I sought modification. My driver license and professional licenses were in jeopardy of being suspended, which would further hinder my ability to work.
Denied.
My driver license was suspended and I couldn’t hold a job because of it. The arrears piled up. I paid what little I could, being jobless, homeless, car-less…
I was then incarcerated for 60 days for ‘contempt of court’. Funny that… somewhere in the Constitution it says ‘no man shall be imprisoned for a debt’…
After my incarceration, I found a menial job I could hold, of which 65% of my take-home was now garnished weekly. I sought modification once again, extremely expectant of being granted it because now the support obligation left me below self-support reserves and the federal poverty level.
Denied.
I’m now over 73k in arrears. 400 per month is tacked on in interest. I’m working as a day-laborer to whoever might hire me, and driving without a license to do so. I’m forced to break the law in order to make some effort to follow the support laws imposed on me.
Family Court and the judges and magistrates who make these flawed decisions need to go back to law school… back even more… and be reminded of a simple entry on a piece of paper known as the Bill of Rights:
****Amendment VIII – Bill of Rights****
‘Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.’
I’m not a dead-beat father. But god knows I am tired of being beaten to death.
….and I forgot to mention… COLA (Cost of Living Adjustments) have raised that support obligation to 1600.00 per month….
Again, please read the entry above about the Bill of Rights.
…and another mention…. Real criminals; car thieves, armed robbers, rapists, child molesters… they can get released after serving 2/3 of their sentence for ‘good behavior’.
Owing arrears… You serve the full sentence imposed. No 2/3 for you.
If that doesn’t turn your stomach in regards to how ridiculous, cruel and unjust family/support law is… then there is no definition to describe the block of ice that is where your heart should be.
I want to correct my statement above… I do have a driver license. However, it is a ‘restricted-use’ license. This means I can drive to, from, and even for my job if necessary. According to NYS, I can legally drive a company-owned vehicle during working hours.
I am a tradesman for 22 years and driving a company van full of tools and materials to various jobs is a necessity,
The problem lies here-in; most business/corporate insurance policies will not cover an employee with a ‘restricted-use’ license. This is mostly directed to those with such licenses due to DWI convictions or other serious motor vehicle offenses.
My resumes and job applications have been turned away and/or put aside in favor of those 20-25 other applicants with uncomplicated ‘clean’ licenses.
In my last visit to Family Court, my ex and her attorney were very understanding of this and actually asked the magistrate to lift this restriction so that my chance of finding gainful employment would be better…
However, the Court does NOT have the ability to grant this request, we were told. They can take it from me, put me in jail, rape my paycheck…. but can’t lift a restriction to help me better my chances to pay ?????????
Where the -F- does the stupidity end and common sense begin…
Hi RL,
Thanks you so much for your comments.
Can you be more specific? I would like to know when, where, how long, detention conditions, etc… I want to start documenting jail for “failure of child support payments” in New York State, as I believed it happened there.
Thanks again,
Pierre
It was New York, yes. Suffolk County. I lost a great deal of paperwork due to flooding here on Long Island, so I have to guess it was April 2006. I was sentenced to 60 days for ‘contempt of court’; failure to comply with the court-ordered support payments. I was sent to the Riverhead Correctional Facility. I had never been in jail before. To this day, I have no criminal record other than support matters. I was ‘lucky?’ to have a friend who is a correction officer and I was placed in what they call ‘The Pods’. These are cells with a two-inmate limit and something of an open-door policy allowing daily interaction with 50-60 other inmates; all of us assigned to a work-detail in the facility. I worked in the kitchen. Usually these assignments are reserved for inmates with longer sentences. Otherwise, you were assigned to ‘The Tiers’; general population where you’re locked in your cell for longer durations during the day.
I’m not sure how to answer the rest of your query beyond this: Jail sucks. Being stripped of your freedom, using a toilet while everyone can see, fighting for 2 weeks just to get your blood-pressure medication validated, having your pod ‘tossed’; torn apart and strewn all over during a general search…
Not to mention, while in jail, another 2 months of arrears were tacked on and charged interest, of course…
I’ve never committed a crime. I’ve never hurt anyone. I don’t lie, cheat or steal. I’ve served my country in the US Army. I’ve worked hard all my life. I’m a good man with a good heart.
I fell behind. We all do. But to be put in jail for it…
Hi RL,
I could not agree more. Nobody should go to jail for that and i am sure you are a good man.
I have a few other questions to ask you; who is the support magistrate who sentenced you? Were there other fathers in the same situation than yours in jail and would the be willing to write to me? Do you allow me to post on my blog about your story?
Thanks,
Pierre
Emily Pines was the judge then. I’m dealing with a new one currently whom I rather not mention as I have yet another modification hearing pending at the end of the month. I can say however, thus far, this one seems to be listening and her demeanor strikes me to be fair. We’ll see.
Yes, there were two other fathers in jail for arrears at that time. Both were able to have family/friends post a ‘lump payment’ against the arrears and were released. I don’t recall their names, but I can’t and won’t forget how blatant and disgusting it is that by paying money, one could get out of jail. Doesn’t that amount to the same as blackmail or extortion? Or would it be a bribe? Pay-off to parties to alter the outcome of a situation…
If the law puts you in NOT for owing money, but for ‘failure to follow a court order’… how is it that by PAYING money, you are released?
I also could have been released…. For 12,000 dollars….
I don’t know how much more blatantly Family Court can display a horrible and disgusting violation of the Constitution… and they themselves get away with openly extorting someone for money.
Again, I ask you to read Amendment 8 of the Bill of Rights….
The reason NYS can get away with violating our Constitutional rights via debtor’s prison and extortion of our paychecks (exactly what it is) is because people comply. We need to become activists, hold signs at the State Departments in Albany, and engage an attorney to file a class action lawsuit. I too lost my passport, driver’s license, and almost went to jail. I was reduced to homessness while my son and father lived in luxury. When I tried to see the son I was “paying for” the father and new wife forbade him. So off we go to court again and this time I win, although my payments were raised, never lowered or suspended. It’s a load of demeaning right’s violations crap.
Hi Everyone: Please send Senator Kenneth LaValle a letter or an email (LaValle@nysenate.gov), let him know what is going on in the Child Support, more letters he receives from us our voices will be heard. At the present time he is sponsoring a bill S2005 to reduce child support if the child is receiving $$ from SS, VA, Unemployment. I keep calling and writing letters to him telling him the horrors that non-custodial parents are experiencing at the hand of Child Support. PLEASE LET ALL OF US TAKE ACTION AND KEEP SENDING LETTERS AND EMAILS TO THE SENATOR. 188 STATE ST, RM 806 LEGISLATIVE OFC. BLDG., ALBANY, NY12247. Thank you, CG
I have been paying child support for 13 years and never missed a payment. My devource is cuz my ex wife decided to cheat and be with her new b/f (shemardied cheated and remarried another man on him). When my ex descovered, through my children I’m guessing, that I lost my reciepts for child support payments she took me to court and told them that I hadn’t payed in thirteen years. Hear is what no body bothered to ask “why did she wait so long to say something?” Well I’m stuck paying back support and the current amount. That’s where the 65% that’s talked about. On top of my current payment of 25% I have to pay an additional 50% of that. Now I don’t make much money as is and I have three children with my current wife who has a bone disease and cant work. When this was mention to the court I was told to get another job. I already work 60 + hours a week as it is and now the state wants to claim my assets, my car, etc… my ex makes more money than I do and her 3rd husband also makes more than I do. Maybe this should be taken into account. I ran the numbers and I would bring home more money if I got a minimum wage job and worked only 40 hrs. How does that work? And not to mention it depends on the judge there are judges who just don’t want to allow fathers to have their kids. Both of my children have told me that her new husband likes to point his gun at them and pull the trigger, just to scare them for laughs. When this was mention (with proof from c.p.s. mind you) the children’s law guardian and judge saw no problem and I lost my case.
I guess in some cases one of your children should actually be shot in order for anything to happen.
What that last part has to do with child support… nothing, except to say that some of you are griping over a couple bucks. Just be thankfully your kids aren’t in a nightmare with no legal way out.
And btw I get 26% of my check after taxes due to the ex’s lies in court.
I forgot to mention that I had lost my job for three months and fell further behind. That’s why I’m assuming that the state wants to take my assets.
I do fear that I may be sent to jail.
and my comment on “some of you” is lent for only the ones who are hear just to gripe about what they are paying.
Just keep good records if the state isn’t taking support yet and DONT loose them.
Most of all single fathers are forced to suffer will be separated from there children have there child’s savings stolen and looted by selfish parties this is the true price a single dad must pay to care for there children save them teach them raise love them support them shame on the parties who use children to profit of this sorrow these are the real deadbeats
Marvin Gave
When I look at the world it fills me with sorrow
Little children today are really gonna suffer tomorrow
Oh what a shame, such a bad way to live
All who is to blame, we can’t stop livin’
Live, live for life
But let live everybody
Live life for the children
Oh, for the children
You see, let’s save the children
Let’s save all the children
Save the babies, save the babies
If you wanna love, you got to save the babies
All of the children
But who really cares
Who’s willing to try
Yes, to save a world
Yea, save our sweet world
Save a world that is destined to die
Oh, la, la, la, la, la, la, la
Oh, oh dig it everybody
OMG… the fun just doesn’t stop…
As I posted previously, my license is restricted due to arrears. Well… it gets better…
I got a ticket… a no-seat-belt ticket.
Under the conditions of the restricted license, if I get a ticket, my license is suspended.
Ok… fine. My bad. Everyone gets a ticket sooner or later. Seat belt, cellphone, stop sign, speeding… you get it. Normal, everyday stupid thing you get caught for.
I pay the ticket, and figure I have to go and pay whatever hundreds more dollars (that I already dont have but will have to beg, borrow and steal for) it will cost to re-instate my restricted license, so that I can continue to go to-from-and drive for work. To pay my child support…
I was told this today at the New York State Dept. of Motor Vehicles:
“By getting that ONE ticket… my license is now REVOKED; and because the matter is child-support related, I CANNOT have a driver license until the arrears are satisfied. No ifs-ands-or-buts. Just…. NO.”
One-strike… I’m out. Indefinitely.
So now… my insurance is going to cancel me. I have to surrender the plates to my vehicle. I’ll have to inform my employer I cannot drive the work van anymore… which pretty much guarantees my termination.
Which guarantees the 800+/month I have been paying in support will disappear.
Seat-belts save lives, yes. I didn’t realize just how very true that is now. Because failure to wear mine has pretty much just killed me.
Thank you New York Family Court… thank you for making it impossible for decent hard-working guys to keep their jobs. I’m sure I will be put in jail in due time for contempt in not paying support. While there, no money will be paid, arrears will grow, and when I get out… I’ll be put right back in.
Thanks for reading. I’m going to go puke now.
I read your post and I feel so mad for you. I lost my passport and licesnse and almost went to jail for arrears after I lost my job. Something has got to be done about this Marxist-Lenonist NY child support system. Perhaps we should chain ourselves to the building in protest… It’s time.
Question for all:
Contempt of court… is a criminal charge, yes? Has to be, as you can be incarcerated for it?
That said, under the 6th Amendment, I have the right to a trial by jury, yes?
I’m really hoping this applies… because I think a group of normal people should sit and hear how really twisted and malicious family court law is and has been… and those normal people I’m sure would agree how fouled and flawed the system truly is and rule in my favor.
For that fact, I wonder if I could sue the Family Court system in whole for violating my rights under the 8th Amendment, for imposing unfair and excessive fines, by putting me in jail, yet giving me the chance to pay 12K to get out… again, I think a group of normal people would agree it amounts to extortion, and rule in my favor.
If this is a valid and possible approach, maybe then when hundreds of fathers in my same situation started suing… and winning; costing the state millions upon millions of dollars… I’m sure then child support laws would become a front-runner for change in Albany.
The problem with suing the courts for violation of our Constitutional rights is that the majority of judges are left-wing liberals who dpn’t believe in the Constiution and who want to spread the wealth. Like the IRS, extortion is the means to the end–individuals be damned!
I answered my own question doing some research…
The Supreme Court basically deemed ‘contempt charges/punishments which impose a sentence of less than 180 days is not subject to the 6th Amendment ‘right to trial by jury’.
This is so that the courts are not bogged down with trial hearings, and allow the courts to basically ‘run smoother’.
So much for the idea of being heard by a group of normal people… 😦
I have a 14 year old and 13 year old who I have no parental rights to and also have a restraining order….back in 2009 I received a letter from cps that my ex had been charged with neglect I fought and won custody two months later my oldest son touch my youngest son that I have with my wife what I mean by touched is he molested him I called his therapist and his therapist removed him from the home not even a month later my now 13 year old touched my daughter who I have with my wife he was removed …I went to meeting to get them counseling to help them cause we found out their mother was molesting the oldest boy and he was molesting his brother while in the home with their mother so that where all the sexual abuse started …so now I fought in and out of court to get them help dss and cps said they were gonna get them help and for two years they never got help so now we are in the year 2011 im sittin in a meeting in dss with their lawyer and mine and cps and foster care …being told they been in foster care to long and need to come back into my home I said no cause the boys havnt received the help they needed and ther was no guarantee they wouldn’t act out sexually again so with me saying that I was told that they were going to file neglect against me and I would lose the kids I have with my wife unless I signed over all parental rights ..so I did …when in court the day I signed my rights over I got hit with the restraining order and now just three days ago in get a violation of support in the mail and have to be in court the 25th of this month ,,,I only wanted what was best for my oldest boys there mother is a screwup they are still in foster care separated and so is her daughter who she had with another man I don’t understand why they keep coming at me with the child support just leave me alone they gotwhat they wanted ,,,,me and my wife have three children and I have a 14 year old step daughter my wife works a a nursing home and im a stay at hom dad who had a mini stroke three years ago arthritis in my spine …I have nothing to give I need help
If your ex is holding children random for child support payments take her to court and fight for your vistiation rights. Visitation and child support have nothing to do with each other.
Non-custodial parents wouldn’t be bitching about paying their share of financial obligations to their children’s household if they were still in a relationship with the other parent.
If you can’t or don’t want to pay for the children that you produce then you should have thought about that before having them. And certainly do not go out and get into a new realtionship with more kids and/or produce more kids to take care of when you can’t take care of the ones you’ve already had.
If your current employment isn’t enough to pay your equal share then get a second or third job to take care of your responsibilities.
Typical ‘the father is always guilty response’
My son will be 21 in February. Does anyone know if my support obligation in NY ends automatically or if instead I have to file a termination with the court? Thanks!
It’s past time for Kathryn, but for anyone wondering, it will stop automatically if he is the youngest or only child on the order. If there are no arrears garnishment will be stopped, but keep tabs on that, it will probably go on for a few weeks after that and you’ll need to call CSHL to put in a refund request.
p.s. I forgot to mention that my son will still be in college when he turns 21; does anyone know if in NY this constitutes a legal reason to enforce support beyond the age of 21? Thanks again!
As of this time the legal age of 21 is the cutOFF age for child support and the enforcement of it as long as you owe NO arrears. I have recently completed my child support obligations for two children who are now aged 21 and 22 respectively. I paid support for the eldest child until her 22nd birthday due to 2 distinctive reasons, 1 I could not locate the mother to serve her legally when she turned 21 and 2 BOTH children were on the same order thus making it difficult separating them after years of them being together. With that being said child support officially and effectively ended on the DAY of my youngest child’s 21st birthday. There were no further obligations imposed upon me financially despite both children being in college. New York State law dictates that non custodial support ends at 21. No further amendments have been passed refuting this law.
Thanks so much for your reply. What a relief it will be to have that extra money and to be able to share with my son on our own terms!
Well, wish me luck. I go back into court July 18th for:
a) Violation of support order – I’ve been unemployed since Oct.2012 and been working more or less self-employed; subcontracting work as I can get it. Can’t get a full-time job as my driver license is revoked because of the arrears. I’ve been sending 800-900 a month faithfully… but it’s still less than the 1580.00 i’m ordered to pay… 2 months ago my ex said she would work with me to lift the driver license issue so I could find a full-time job… then last month she and her attorney basically said ‘F-you… pay or go to jail’
b) Modification of the Support Order – My tax-return for 2012 shows an income of 30,060…. without taking taxes into consideration my support should be 25% of that… 7515 a year – 626 /month.
I’m still truly bewildered how even though I’m sending 800+ a month in support, my ex-wife would still seek to have me incarcerated. I mean… really? Let’s do the math:
If I am: Unemployed, driving illegally, behind on all my own bills and still sending 800+ a month….
If I am: Put in jail…. not working; 0.00 per month…
I guess she really doesn’t need the money at all, does she….
I thought debtor’s prison was outlawed in 1976: “No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation.”
That applies to real criminals. And even a murderer can get off after serving 2/3 of his sentence.
Child Support/Family Law… the rules change. You’re not incarcerated for the debt… you’re incarcerated for ‘failure to comply with a court order’.
And as such, if you are incarcerated… you serve the FULL sentence. No 2/3 for good behavior.
RL – so? How did it go in court for you?
I was -finally- entitled to legal aid… my gross income has dropped so much that I couldn’t be denied.
The legal aid lawyer has been a great help. As it turns out, at our last court date in July… her attorney was all fired-up and ready to have me put in jail… because my ex failed to mention to him I had been sending 900+ a month in support payments…
Her attorney and my legal aid rep met the magistrate alone for 10 minutes. When they came out, basically what my lawyer said was “Her attorney is totally unprepapared. He’s under the assumption you haven’t been paying anything… and, the magistrate gave him 6 weeks to ‘get his sh*t’ together’ and consider VERY CAREFULLY pursuing criminal contempt against a man showing a significant effort to pay…”
Our next court date is August 27th. Two motions… hers for violation, and mine, for modification. My legal aid counsel says things look good for me.
Thanks for all your well-wishes now… and we’ll see what happens.
Good luck to us all. 🙂
Let’s lighten up a bit:
The guy after 21 years of paying child support finally sends in the last payment with a smirk on his face and a note on a check: “The last one, ha ha!” to which his ex-wife responds: “Maybe last one, but the kids aren’t yours”
The only word that exists is… evil. In the purest form.
Just an amusing subject… while you’re reading…
Most Support Orders are based on a ‘monthly’ obligation. Unless your own is SPECIFIC in its’ terms… then that’s it… 30-31 days to pay the allotted amount.
Hence… Some weeks I fall short. A contractor doesn’t pay me, no work, etc etc… whatever the reason.
But, I make sure to try and double-up the following week. Or if I have to, and have, make it up over 3 weeks. Regardless the weekly amount I send, I try hard to keep it at 900+ PER MONTH.
My ex however feels the support should be more consistent… XXX a week, or else…
So… sending her 450 every two weeks, or 150 one week and 300 the next… no, no, no… not good enough.
You just have to laugh. Really. I do. 🙂
Wow I have been reading all the comments on this site and I knew there was a problem c with the nyc system but I didn’t know it was so prevalent. I’m hoping I can get some help here…my daughter’s father and I are not together but he takes care of her(2y/o) financially, the problem is he has an older child(9y/o) which I know for a fact that he was doing even more for her than what he did for my two year old. Her mother which they have never been married, took him to court for child support because a guess she felt that whatever he gave her wasn’t enough. The judge ordered him to give her $1200 per month then after making two payment he received a letter yesterday saying that instead of$1200 he is now required to pay her$1800 per month. My question is this, if I take him to court for child support, will this force them to adjust the amount that the other mother is getting? I’m pissed because despite the fact that we are not together, this is a good man that takes care of both his children, and many times this woman had been on her face and this man has always been there to help her because she is the mother of his child. As far as he knows she have a job, but his lawyer has found some records starting that she had applied for public assistance. Also when they went to CS hearing initially in July, he said that the judge didn’t want to here anything that his lawyer had to say, he brought in all the documents supporting his claim that he pays for afterschool monthly for their child as well as he pays for both of his children’s health insurance and daycare for my two year old, and mortgage for his house and all his other expenses. They used to live out of state and she decided quit her job and return to ny (I don’t know if it had anything to do with the fact that she knew he was expecting another child). When she came back to ny they had nowhere to live so agreed to let them live at his house and for that whole time she wasn’t working and he took care of everything. I can’t understand how some people can be so heartless. It’s there anyway I can help this man to get his payment amount adjusted? I have a brother and I son…I wouldn’t want anybody doing this to any of them.
Hi TLS,
Thanks for your comment. I found your idea of suing your daughter’s father to have his child support adjusted downward quite telling. Obviously if NY Child support services were doing its job of assessing correctly his obligations based on his income instead of bleeding fathers to death, this idea would not have crossed your mind.
Pierre
Thanks Pierre, I hope there is some way that I can help him. This was all driven by greed and spite. It’s not fair, if the man is already standing up to his responsibility and being there for his child, why put him and your child through all of this, hassle and heartache? I really don’t want to bother with going through the system but I’m willing to do it for him. He has been so stressed over the whole incident he even ended up in the emergency room one night under observation. He works in construction, so being able to focus is critical to his employment.
The judge treats each child support case as a SEPARATE household–I know because I was paying on two cases–one to the father of my two older children to whom I was married, and one to the father of my youngest to whom I was not married. I asked the judge to combine the cases into one so I could pay the rate for three children instead of two and one; he refused, stating that each case was a separate household.
Oh okay, thank you Kathryn. So I guess there is nothing I can do to help him then.
Also TLS taking him to court for support for your 2 year old will only FURTHER break him as the state of NY refuses to mete out child support payments as a whole the state would rather treat each case separately although the parentage maybe the SAME! It’s absolutely horrible the way these archaic laws are being doled out to unsuspecting non custodial parents. I tell you the child support unit has absolutely no bias within it…… Everyone going through it gets f@$ked the same!! ROYALY with NO mercy! With that said taking baby daddy to court to help him would only further damage what he is already going through
I wow, this is ridiculous. I feel it for all the parents and children subjected to these stupid laws.
One more question guys…what if he files for joint custody, will that lead to the court having to make an adjustment to the CS orders? Thanks again for your response
Ah TLS you are certainly finding out the ugly side of being a parent at least for some of us fathers. The disgusting thing about child support is it has NOTHING to do with child custody! What? You’re wondering? Child support and family law are two separate entities in the state of NY. Once you’ve begun paying support as a father it matters not if you have joint custody or not, according to the state you are the non custodial parent therefore you’re obligated to pay the support at the current rates meted out by the courts. It’s supposed to be joint custody relieves the burden of child support, NOT so in NY state. While you go to court for that joint custody you will continue to be under the pressure of paying your support and then you’ll be told that family court (where you need to go for joint custody) and child support unit are separate entities with one not having anything to do with the other NOR do they communicate with each other in regards to your case as it goes on. The only way to get rid of child support is either the kids grow up OR you obtain custodial parentalship and can terminate your child support order. Sorry to be the bearer of bad news but trust me I wish someone would have told me. My relief came as my two daughters have reached the age of 21 and it was really rough. My saving grace is that I had them when I was 19 so I’m still “young”. Whatever that means this crap aged my mind…….lol
In NYS if he signed the papers saying he is the father, its done. He is the legal father as far as the court is concerned. A paternity test might sway a judge or magistrate on a personal level, but that’s it.
Also is it too late for him too request a paternity test at age nine or after a CS order has been made? And is it true that if he request the testing through the court at this point the judges may come down harder on him by thinking that he is trying to get out of posting CS? All this happened in Westchester county and my daughter and I live in a different county how well this impact the case if I take him to court? Thank you so much for any advice received.
TLS a paternity test is usually helpful prior to your establishment as being the father. If you’ve been part of this child’s life for the past nine years and you’re on the birth certificate, well YOU’RE the only father the child has ever known so guess what? Tag you it!! Even if it is genetically PROVEN that you are not the father. NYS law states that if the child knows you as the father and your name is on said child’s birth certificate you are the father of that child thus obligated to taking care of the child to the age of 21. Paternity test are helpful only prior to child support obligations are meted out OR if the child’s mother springs a child on you after giving birth and decides years later that you needed to know plus you too should be paying and you have to prove you aren’t the sperm donor. Other then those reasons paternity can hurt your feelings cause you are the father and you’re responsible financially or your other was cheating and managed to stick you with a child that was never yours to begin with. So going for paternity is asking for a lot…..emotionally if not financially.
Thank you Dexter.
Thanks again Dexter, you along with the other members of this site have been very helpful. I really appreciate it.
TLS I believe anything that I can say to help navigate others trapped in this quagmire that is called child support should be said. I wish hat this was available to me 20 years earlier, it’s the most difficult thing dealing with this ALONE and UNINFORMED! I say alone because most men never really wanted to discuss the realities of child support with others. It was more like “yeah I’m paying too, welcome to the club!” This site gives great insight onnwhatnis happening to others and hopefully it will help to facilitate REAL change in the NYS child support system. You are very welcome TLS
Child support is base on contract ( Social Security Act Title IV-D) gotta have a contract. Info is found under grant to states , noncustodial parents check that whole secton under noncustodial parents. Here is the link
http://www.socialsecurity.gov/OP_Home/ssact/title04/0400.htm
TWO DAYS ago I got a letter from Philadelphia child support telling me there are officially kicking me out of the child support program in two states and my arrears obligation had been zeroed out. This action was taken because I relayed the letter from the supervisor of operations in Phillt to to head judge in charge of Philly family court, the letter said that they did not have a contract with me. Without a contract of parental obligation as stipulated in Social
Security Act Title IV-D , Grant to States , Noncustodial parents there must be a contract of parental obligation in order to establish a debt, and thats for any contract.
ask the court for a copy of the contract under social security Title IV-D that would obligate you to pay child support.
Thanks for the info, can you explain a little more about this, My son pays child support as ordered by the court in NYS, pay X support for my son. Would these court papers be considered a CONTRACT, as you stated? Thanks: CG
IZ I was overlooking that link you sent in regards to this contract that you state we non custodians are required to have. Perhaps I’m not understanding all that you say but according to what your link states the “contract” is generally agreed to in court when paternity/maternity has been established. At that time one whom ever it may be acknowledges the child and from that point forward the support order given to you no your date of court binds you to your financial obligation of support. It also covers those who dispute the paternity of the child in question and states that prior to the financial obligation being imposed the testing results clarifying the paternity be sent with the application to with hold funds for child support obligations. So I’m a bit confused by your claim that non custodial parents need a contract for support payments and any subsequent arrears. Please explain, perhaps your case has different conditions then what many of us have experienced or are experiencing. Thanks for that site though it is VERY informative.
Stunned is my only response…
In my on-going battle to get a fair support amount modified….
My legal aid attorney and I went in to court, happy that things seemed to be going my way.
Then I got hit by a mack-truck and freight-train simultaneously.
The magistrate literally tore me apart. Basically, she said she wouldn’t even entertain the idea of a modification unless I was paying more. I’m order to pay 1600 a month. I’ve been able to send 1000.
According to the magistrate, I should be working 2-3-4 jobs and sending more. She basically said if I have to commit crimes to pay, I should be doing anything and everything I can, legally or illegally, to send more money.
I’m already driving without a license and lying to my boss about it. If I get one ticket in my work truck… I’ll lose my job.
And, in the process of sending more money as she asked… if I can and do, legally or illegally… isn’t this just going to make her more inclined to tell me ‘Well, you’re sending more, so ‘no'” to my modification?
(sigh)
At this point, I can only hope to go to jail. Maybe then I can appeal and have this moved to appellate or supreme court where they might actually use the CSSA Act as a guideline instead of their personal opinions regrading which side of the frigging bed they fell out of that morning…
I called the ACLU two days ago. Non custodial mom. They are considering looking into the system on behalf of noncustodial parents. It is extreme prejudice for counties to provide free representation for custodial parents but not for us. We are tax payers. This federal tax match program places the magistrate in an unfair motivation/power position to decide. I spent 1200 for a lawyer to for a reduction in support while I was unemployed. I was receiving 405 weekly. My support went from 650 weekly to 550 weekly. Thanks New York! It has nothing to do with gender, it is precious money that runs the corrupt family court system in NY state. -Breadwinning Mom. *My favorite part was the state attorney kept the child care grants that reimburse my ex husband for daycare that I paid quiet and I was berated for not paying for camp- even though he was double dipping!
Jessica, always remember Family Court and the laws there-in do not follow the guidelines of the Constitution or any other laws written. Family court magistrates and judges have broad ranging power in support matters. Unfortunately, the Chils Support Standards Act is just that… an act. Guidelines by which they should follow… but are not forced to follow. Ultimately, they just do what they want. As they want. How they want. There are no true laws to support or help the non-custodial parent. Good luck.
Family Court and the Judges do not have a broad range of power regarding child support. They believe they do and we let them get away with it. We need to get involved and make sure these Judges who want to play God are stopped!!
NY State is horrific. The NYSCU does nothing but take and increase especially when the Custodial Parent is a woman. I am a man 47 years old, the courts have consistantly stopped me from seeing my son every time the mother makes a false accusation againt me. I have paid 67000 over 11 years in child support for a son I have never seen, a son I have been falsely arrest for , and a child who believes I am a bad person. God forbid I not pay child support….I would be considered the bad guy. The entire system is politically motivated. Support does need to be paid, but if you cant see your own child over BS accusations that the non custodial is violent FALSE, threatend to hurt the child FALSE or best yet claims I attcked her….even though I have not seen the mother in years except for ongoing court. God Bless America round up the men and burn them at the steak as long as Andrew Cuomo gets elected again and the women vote for him. God Bless AMERICA
I feel for you man… I’m ordered to pay almost 20k a year in support… 1550/month, and because I can barely manage 1000… my ex looks to have me imprisoned and my kids think I’m an evil villain/dead-beat. I’ve tried for modification 5 times and been denied every time, despite showing I make less than 40k a year…
The system is broken. And worse… the black-hole you spiral into once you fall behind. I can barely find a job… because my license is suspended because of arrears. My credit is ruined, and employers look at that nowadays… I owned a profittable company once; did well, made money, had employees…
Now, I live in a converted-garage-apt I can barely afford. I cover my 2nd-hand furniture with bed-sheets because its all beat up and ratty looking. I collect beer cans on recycle day from other peoples curbs just so I have enough change to do my own laundry.
But you’re right. The worst is in all that… paying, struggling, clawing your way thru just try to survive… having your kids denied to you, and worse… knowing they think you’re a piece of crap. Because you don’t get a chance to tell them or show them otherwise.
NYState is horrific. Once you’re in their system and they start extorting money from you, you’re considered a criminal. The custodial parent is never questioned. Whatever contempt leads one parent to “criminalize” the other through this corrupt child supoort collections unit poisons the child for life.
Tell me about it. My girls have lived with me all their lives. Now they are 20/23 still live home. Have jobs. And one drives one of my cars yet i have a warrant levy for 6000 plus and they just swiped my acct that pays OUR bills to live
O god I don’t even know where to begin I need a lot of help I don’t have no money for lawyers
please we need help these Jim Crow laws are killing us the men that want to be fathers and the women that are with the men that want to be fathers the court system need to have those women accountable for not working and for notwanting the best for their kids its like the court system in those women ganging up on people that really want to take care of their kids we need to start a movement like Occupy Wall Street if we don’t this will go on from generation to generation me I’m fighting ACS cases fictitious reports that my soon to be ex wife had put on me and she moved out of the state with my daughter there’s no legal actions that was brought against her is to point my back is against the wall I need help we all need help in these cases men and women and for the person that said they can’t garnish 65 percent of your check you must be living in a next country or you must be on the other side of the fence you must be one of those woman that’s not doing nothing staying home collecting money this system is not for us responsible parents and some of us don’t mind paying through the system its how this Jim Crow system is built this is a business from the court system to the lawyers to prisons to the welfare system or love it goes back to child support so if you don’t have money for lawyers you go to prison for not probably obean something that the judge want you to do something not fair and if the woman that you have the kid with goes on welfare you automatically pay child support and you as a man you did not tell that person to go on welfare and when you pay taxes you pay for the men and women that did not take care of there kid there’s no help out here for us where do we go for help where do we go :-(:'(:'( I’m a man with intuition ambition in dreams for me and my two kids this system in the Jim Crow laws rob me of my dreams we need to stop expressing ourselves on deaf ears we need to start protesting in expressing ourselves in front of these family courts in front of these congressman we need to band together :'(:'(:'(:'( these issues are real effecting kids lives in real parents lives we need to start this movement I can’t do it by myself I need real people and help and volunteers to start this movie I’m for real please email me if you are interested I’m looking for bloggers people that like video taping our protest and posted it up where it counts so our voices could get heard if you are interested please email me at maceanrony@gmail.com I’ll tell you a little bit about me I work for the state in the city as a specialist engineer I help my community I gave a few speeches at daycares where kids are graduating I love my kids to death I love them so much they deserve to have a father in their lives I need all of y’all we need to fight for our rights and democracy and what’s fear thank you and God bless maceanrony@gmail.com we are the movement maceanrony@gmail.com
I currently pay child support in NY which is deducted from my pay bi-weekly. I am the non-custodial parent. The custodial parent lives in Florida since the last 4-5years. Currently according to Florida child support I owe/arrears for!child support. According to NY state child support I’m up to date since payment is automatically deducted from my pay. Please help. This is very confusing and frustrating.
Not much to go on with this Gregory but here’s what I think. You are being charged by TWO states for ONE child, which shouldn’t be happening as you are living in the NY state area and she isnt. What you will need to do is prove to the state of Florida that you’ve been paying your support faithfull via direct deductions from your payroll. You can prove this with statements from both your job’s human resource department as well as NY state CSU because every payment made is recorded. The unfortunate part is you will need to GO to the state of Florida to prove yourself of not being in arrears and hopefully the time frame to which they state you’re in arrears for want during the period BEFORE the payments were automatically deducted
Same thing happen to me. Act quickly!!!
Call ny c s and ask for and up to date printout of your account showing what had been paid or owed. If you are in the clear them showed them the paper work via notarized copies to include correspondence from Florida and registered mail! Florida cd agency are lazy and will give a bs excuse that they were acting in the best interest of the child.
Thank you. Like I mentioned it’s very frustrating. I’ve called Florida State Child Support Agency a million times. I have faxed, mailed, scanned a payment history that I received from NY State Child Support but have gotten no where. For the last 3years my tax returns have been garnished because of the supposed arrears in Florida.
I can imagine how frustrating that is as I have one child in another state that I pay for as well. This is why I said you’ll have to GO there to her exact location with ALL of your information of proof and see this through. It should be done sooner rather then later because the state DOES NOT hold the money, they give it to the CUSTODIAL PARENT, unless she was receiving public assistance and even with that you are still going to receive the short end of he stick. Chances are she’ll have spent it and you won’t see a dime back of it unless you sue…….HER! So stop dragging this out get the first thing smoking to Florida and get this monkey off of your back because nine out of ten the child’s mom won’t do a thing to assist you aside for spending your hard earned money. Get on this ASAP…..and the best of wishes to you!
What age is the support over for girls in n.y.
21, same as boys.
Hate to be the bearer of bad news Allen but there is no gender distinction in the state of NY child support. Be it male or female the age is 21. And if you have more then 1 child on the support order you’ll pay until the LAST child turns 21. Sorry that what it is.
New York is a slave state. How the heck if a man does not have the money is he supposed to get it when all they do is arrest, take his licence, why not use a pitch fork and a gun to kill the poor guy? Give me a break, there are good men out there having their lives ruined for the sake of “the children” yeah what a better way to show a child their dad is bad by getting him arrested, giving him an arrest record, making it so he cant work at a bank, and then use that same arrest to prevent him from seeing his child because he is a criminal …, oh yes in NYC you can fight it, oh yes, you can fight it for years, and every time you fight it the judge increases it, the mother makes another petition and it gets increased….oh gotta love Human logic!
Please if you have any child support horror stories contact me germanyversace@yahoo.com, I want to organize a group to start the fight against these uncivil child support laws across America. I once knew a guy who was a great father to his two daughters, he had a really good job, God fearing man. He had everything strip from his life (children included) because his wife was a vindictive bitch, who wanted to make his life hell because he wanted to move on from that bad relationship. His driver, professional licenses stripped, passport stripped, most of his money gone and when he hit rock bottom he ended up killing himself. The ones who really suffered was his two daughters because the love there dad sooo much. Before he passed I took as will power as I could muster to help him and I want to continue. In order for me to continue I need help from people like him who suffer at the hands of a system that’s suppose to respect every parties civil rights. LETS MAKE THIS MOVEMENT HAPPEN!!! #BELIEVE
Gv Gold you really don’t need to have anyone contact you for their horror stories, if you sign up to this site alone you’ll have horror stories beyond your imagination on the abusive antics of NY child support laws. Trust me all on here are recounting the atrocities we’ve ALL suffered at the hands of one vindictive parent armed with innocent children and an unjust system.
I am a custodial dad branded NON custodial dad. Restricted license, denied trades license, not even TRYing for a PASSport, have warrant for 6000 on me going after everything i own including bank acct which hve been seized. Help? YES 6000 will chnge all this!!!! I as well as schools, landlord,license, permits, mom,AND girls themselves issued written PROOF they live with ME(us) under SAME roof and NOTHING changes. They r 20/23 both STILL live at HOME yet IM getting trashed at every end. Explain THAT. Can i use HELP??? yES. 6000. Which may as well b MILLION. Already paid 1000 dwn. Why? I dont no. No choice??
gene h.
i assume … you owed this money prior. just because the girls live with u now doesnt mean you dont owe from before. maybe file for support now u r custodial ?
Judge Hoffman in NYC is an F. Yes an F, a mother puts retaliatory charges on a man trying to see his son, after three separatate attempts. The Judge Hoffman the Du,,,,che bag says OH a child this age does not need a father? OH when my son was born he was too young to make a decision, then at 6 I tried again, was falsely given a criminal record for bs, retaliatory charges from the bigamist mother, and the judge said OH the child is going to be tramatized at this age he wont know what to do…now my son is 13 sixty five thousand dollars later in legal fees, sold my business to pay for it, I have a false criminal record , afraid of going to court to rectifiy as every time I go my problems are compouned with new charges, supeanas give me a break I hate NYC I hate NYC Judges, and their lack of compassion. If I saw a judge dying of a heart attack I would walk past and say..I would offer the same help the NYC family courts gave me NONE. whatever
I a trying to file to eliminate child support all together. y son is now 19 out of school working and living with his mother. Does anyone know of any cases where NY family court ruled to end child support in a case like mine? I want to file ASAP.
Thank you,
Robert
Hi Robert,
Thanks for your comment. For obscure reasons, child support payments have to be made until the child is 21 in NYS. It does not mean that you should not file for a decrease in child support payment in your case.
Best,
Pierre
Exactly Pierre,
My friend petitioned his ex for a reduction in arrears of over 17k, and she agreed. There were circumstances involved that warranted this. I have myself let over 2k in arrears go to my ex so he could get his carp together. It ended up biting my b e hind being nice, but I tried to be the better person so my k I dsl didn’t see their father being pathetic.
NY will force you to pay till their 21 regardless of the circumstance. You must supply hard proof that the adult is independent ( mainly if they are married: marriage certificate or joined the military: dd214). Other than that just deal with the fact NY wants to get their percentage as long as possible.
NY gets no percentage. It’s a 25$ annual fee taken from the CP.
Unfortunately Robert this is NYS child support we are referring to and they are not the least bit forgiving when it comes to ANY situation that would be favorable to the non custodial parent. The only reprieve you’ll actually review is if you can convince your son’s MOTHER to go to the courts and terminate the order of support. If she does that you’ll be finished but if she chooses NOT to, then you’ll be going until your turns 21. That’s the law and it won’t be repealed regardless of how much proof you show that your boy has struck out on his own and doesn’t need your support regulated assistance.
Actually THATS not true EITHER because my ex went in numerous times ordering to vacate the support on top of the fact that i MYSELF had the kids. Technically she shud have paid ME but i didnt want it. I had NUMEROUS documents prooving i had them AND the mother backing it up. STILL didnt wanna hear it. Been fighting since 2005 and we r where now? Oh yes 2014.
Dexter is right. I have gone through this myself. If the parent getting support agrees to drop support, it must be done so in the courts. State cannot just take money because you have kids out there.
Which ever parent has the kids more shall be deemed custodial for support issues. If it cannot be determined or its equal then whoever makes more shall be determined non custodial. Get custody switched around if the kids are staying with you … then file for support from the other parent. (no excuses for a support magistrate to rule any otherway if you have majority custody time wise AND HAVE A CUSTODY ORDER FROM A JUDGE SAYING SO.
The only obvious thing that can be determined from all of this is against NYS child support we have all faired POORLY and the only thing we have left is to demand that our political leaders get INVOLVED with this twisted system and even the unfairness out in a better format. I’m sure every last participant on this site has American tax payer voting rights and it’s time to really exercise that right! We need to start swamping the political leaders with numerous complaints in regards to these horror stories we are sharing amongst ourselves and get the political machine to move AGAINST the archaic oppressors called magistrates running these support court rooms and stop allowing ourselves to be humiliated and abused by a system that was designed to be in the best interest of the “child”! Not the leveraging tool for a vindictive parent whose only desire is to see an ex suffer! What has happened to us all is beyond outrageous and most certainly UNAMERICAN!!!!
AMEN
At first I must say that I was screwed when I started paying CS 15 years ago. Like everyone else I have a story that started way before my first CS hearing. To sum it up….ex was getting money voluntarily while I was in the military. She was in section 8 housing (meaning that all income must be reported). Guess what she left off her application? Anyway….I had no problem in paying CS even when it left me with little to none. I had remarried and my wife carried much of the financial crutch. When I started earning my keep I had no problem with the COLA notices that came about every 2 years. The problem I have with NYS is the fact that they forced my employer to garnish my wages but did nothing when the employer didn’t send the checks….for a whole year!!!!
Oh wait….they did don something…increased my support payments because I went into arrears…on child support….that I was already paying. I wasn’t in arrears until then. After a year of calling the helpline (what a joke), hearings showing that I was paying CS, and constant threats of lawyering up against my employer it was paid. Needless to say this happened several times during my employment.
A funny story. During one hearing my ex wanted me to pay for piano lessons. Lucky for me it was a telephonic hearing as I would have laughed her out of the room just as the judge did. She sounded so pitiful saying that she was unable to cover the cost and that it was necessary. Judge said no. Score one for the NCP. Now don’t get me wrong. I want the best for my children but when you attempt to use pity in order for the judge to force me to pay for something you wanted I stop caring.
While on the subject…she had a daycare clause added to the CS initially which I didn’t mind since she was working. About 7 years after the initial hearing she wanted to have that increased. At this time my daughters are 17 and 13. I argued that at that age they no longer needed daycare (no special needs children). Come to find out the “daycare” money was going to her mother to “watch” her grandchildren after school. When I asked the court for receipts for daycare services the matter was quickly dismissed….thus a decrease in payment. Score another win for the NCP.
My situation may mirror others. Best thing to do is request documentation justifying why additional monies is needed for your children. Those COLA adjustments that we CPs gripe about…if the increase is something you can live with just sign it, make a copy for yourself, and send it back to NY. These documents, request of documents from previous CS hearings and plain common sense has helped me alot in dealing with NYS.
BTW….I am on my last 2 support payments. I can safely be assured that my children, if they need money, will get it from me now.
Daycare – oh my when my husband was court ordered to pay daycare for the ex-wife’s mother to watch the child, he asked the Judge to put in there when it would end – he knew the child would be in college and the mother would still want it and with Greene County Family Court they would still order it. So they set the age at 15!! The Judge also stated the mother would tell him if she didn’t need it anymore – what are the chances of that!! Never happened. Paid full-time daycare until the child was 15 – two months after that her mother died of cancer – she was actually watching him as she was dying? I think not!!
Its hopeless for us men, we cant live we cant earn a living saddled with false recriminal records, retaliation charges from mothers, judges who could careless if we can handle the payments, take our drivers licences and then give us false arrest and criminal records….how the F am I supposed to be employed? I would not hire a so called bad buy like me.
7 years ago I received joint custody of my child with my ex-girlfriend, which was filed in NY. The support was worked out under pre-2010 CSSA guidelines and do to many factors we arbitrated through attorneys, we agreed at 11% of the $80,000 max. Great, right! Her attorney was told by the judge to file it and never did. I found out she was getting daycare at 1/2 price, leaving me to pay the entire cost for 4 years, asked a lawyer for advice and just found out it wasn’t filed. She hired an attorney and found out the same thing and decided to try for a di novo decision to get it under the new 2010 CSSA guidelines asking for 17% of $136,000 max. I have been trying to get my attorney to file a nunc pro tunc to get me under the pre-2010 CSSA but says because we weren’t married he can’t. I believe he has to be wrong and may just file it myself, but I have learned how the courts frown on non-lawyers acting as their own attorney. It seems like that fact we weren’t married wouldn’t be this punitive towards me. I think my only hope would be to file for physical custody, having him greater than 50% of the time, but not substantially over the last year. Previous years close to 60%. I was very happy not dealing with the courts…
My ex illegally took our kids, went home to mommy in NY state. After 11 years, abused and allowing NY state to abuse me, the children are of age. Now, from Arizona, I am Persuing every legal right I have in civil court against the state of new York. And the bit/h. Just this month I estimate I my legal actions cost NY state a couple hundred manhours. Because of me, someone has a job. If every father I see posting here harassed NY state in this way their system will collapse.
bj
It is not just Fathers that are abused by this system, It is any NCP, they treat you like a criminal. i am a Mom who pays for an 18 year old who didn’t like my rules, moved to her Dads and i am now paying for this adult “child”
NYS is absolutely insane with this 21yr old age limit! I too wanted to look into a court case against NY, if by law an 18yr old is considered an adult, stand by it! Because what they are telling us is the day my “child” turns 21, I can tell my “child” to go run into a store & pick up a 6 pack for us to share right after I file to stop paying child support. It sounds funny to say it like that, BUT when said like that, it makes sense to people.
Here is the NYS CS Info directly from their website: Completely contradicts themselves as it says the NCP has the right to visitation & custody, not when a “child” is 18 and no longer in family court, at 18 they are no longer in family court & considered an adult. Take note of the first line stating that support is until the “child” is 21
SECTION 2 – RIGHTS AND CONSEQUENCES RESULTING FROM PATERNITY
ESTABLISHMENT AND RIGHT TO NOTICE OF LEGAL PROCEEDINGS
Paternity is established when parents sign a voluntary Acknowledgment of Paternity or when the court determines
the father of the child and issues an “order of filiation.”
RIGHTS AND CONSEQUENCES OF ESTABLISHING PATERNITY
• Under New York State law, the noncustodial parent will be chargeable by the court to pay support until the child is
21 years of age.
• The child gains rights to inheritance from his or her parents. Parents also may have rights of inheritance from their
child.
• The child may be entitled to receive death or disability benefits if either parent dies or becomes permanently
disabled.
• The noncustodial parent has the right to ask the court for visitation with and/or custody of the child.
• The noncustodial parent will also generally have the right to notice to adoption and foster care proceedings.
Oh you mean the 18 year old infant child? That’s what the mother’s lawyer refers the child as. NY keeps it at 21 because they want the money and they want to dictate college costs!! Absolutely absurd that you are going to make a father pay for a child who sits in court and tells his father he wants nothing to do with him but pay for my college – I don’t even want you to know my grades or anything about me – but please pay – and the Greene County Family Court Judge orders the father to pay because in a separation agreement entered into when the child was less than one year old he said he would contribute!!!
Your Remedy,
Study, research, rehearse the following and file your own paper work and fire your lawyer, public defender or 18B.
State these cases at the end of your paper work to the court before your notary signature line.
Hereby, the right to assist on preparing and organizing of materials by laymen, non-lawyer services before retainer or litigation proceedings; supported and relative to many U.S. Supreme Court cases cited but not limited to;
00a. Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233. Pro se pleadings are to be considered without regard to technicality; pro se litigants’ pleadings are not to be held to the same high standards of perfection as lawyers.
00b. Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425. Litigants can be assisted by unlicensed laymen during judicial proceedings.
00c. Federal Rules of Civil Procedures, Rule 17, 28 USCA “Next Friend”. A next friend is a person who represents someone who is unable to tend to his or her own interest.
1. File an Entry of Appearance.
ID yourself as third party of interest. Flesh and blood. Living breathing human with a soul.
2. Study and state no Corpus Delicti, no Miranda, violation of Clean Hands Doctrine and Fruit of the Poison tree.
3. Rule 4 Indispensable Parties. (States getting Federal grants through every live birth based on Social Security Act 1935).
4. Vital Statistics Washington DC Chapter 2 under Section 7-2021 and IRS codes under Title 26 7701. Where a person is classified as a trust and as an estate etc.
5. Statutes at Large,
Vol 41-45, 47-49 and 52-53.
Public Notice 271.6. Definitions of the term person:
Title 7, which is Agriculture, section 136. Man is classified as an animal.
Title 1 section 1. A person or whoever: is to be construed to be a corporation, an associate, a joint stock, a partnership and individual.
Title 1 section 8 Human Being: Homosepien, comes back under the Vatican.
Title 26, subtitle F, chapter 75, subchapter D section 7343.Title 50, chapter 3, section 238.
8. List violations by lawyers and they exist.
4, 5 and 6 Amendments violations.
Title 18 under 1346,
Violation of Honest Service clauses.
Title 31 under finance 3729 of False Claims,
Artificial sham and scheming.
Title 18 under 1621, Perjury.
Title 18 under 1918, Disloyalty.
Title 18 Ch.196 criminal code 1964.
Judicial Rules of Canan of Ethics violations.
Official Oppression
(administrative and judicial oppression)
9. Reference and know:
63C 2D American Jurisprudence (Am Jur) and Corpus Juris Secundum (CJS):
Where their immunity is stripped even through their willful ignorance in court.
Title 28 Fed Court System 1945, removal of Article 3 court to Administrative Procedure Courts.
Statutes at Large, Rule 10 statute 612.
Attorney Rule 10 statute 161
Attorney Rule 17 Lawyer defined as ‘next friend’.
10. Key Dates to reference:
1913 Federal Reserve Act
1933 Bankruptcy : HJR 192 Cestui Que Trust
1935 Social Security Act
1940 Alien Registration Act
1946 Administrative Procedures Act.
11. History of True Facts about your case. An Affidavit of Fact. Order of dismissal.
12. Complaints against lawyers and judges:
Do I file complaints through Appellate Division First Dept Disciplinary Committee and or Federal Court?
How do you structure monetary damages.
This is not for the week and weary. But once rehearsed you got them.
reply to this email for further direction.
? My boyfriend getting hit with child support at 9am tomorrow after all most a year of not seeing his kids we moved too new york because there mother run up here with them from nc please helpe i don’t won’t my boyfriend speeding six mouths in jail because we both don’t have jobs he got laid off and has been looking for work since i can’t work because i have PTSD and other problems with holding me from work were both scared because they are going
too take it back too the day she started dss that he will be tossed in too jail to day and I can’t help him if this happens if any one knows of anything please get a hold of me at this email brandy.biggins1986@gmail.com
After 11 years of my income being extorted by New York State for child support I am proud to say that my son turned 21 last month and the thievery automatically stopped. Done. Gone. That’s it. Now I’m old and I have no savings and my son is grown and gone. Good luck to all you people out there who are still victims of this corrupt system. For those of you whose disability benefits are stolen in addition to court ordered child support payments, I pray that our NY legislators will change that law; for those of you who work several part-time jobs and whose income is attacked for the full amount of child support payments from each job, I pray that our legislators will change that law. God speed.
I hear you. My husband’s child support stopped March 3rd of this year. But I do not want to give up fighting for what they put us through. My husband voluntarily increased his support every year (not knowing that he did not have to), is now paying college for a child to earn F’s!! Thankfully it is only $2300 a year if he is full-time – and the mother enrolled him in a private school which we were capped at the SUNY level minus credit for child support – the kid wants nothing to do with his father – went to Court even and the Court felt the kid was justified – his mother alienated him from his father – which was evident because the child has such animosity toward a father who has always been there supporting him. The child wrote a cease and desist letter stating that if he tried to get to know him and write him letters, he would press charges against him. And Family Court felt it was okay that he said that!! We need to get rid of these Judges – Greene County Family Court!!
Wake up and act! Why pay for a lawyer who does not do his job? I’m giving all the NCP and CP a solution to your custodial and support headaches! Ask the judge point blank why the Federal Government gives grant money to the States through the Social Security Act 1935 for every live birth when they receive that Birth Certificate? Ask the judge or magistrates why isn’t the State paying it’s ‘full share’ of Child Support to your kids needs. Why are they not discharging the debt? Why is this Family Court allowing the lawyers and judges to use that all Capital Name on the Birth Certificate as an exchange instruments to profit of us? Bring up the Indispensable Parties that all court and shady lawyers fail to Disclose. Demand full disclosure and study Rod Class, Carl Miller and Taj Tariq Bey before the Feds, the States and the Social Security Adm shuts them down! This is free information lawyers wrought bother to tell you! Do your research and hola…
The part that gets me is its OK for a woman to have kids with 3 different men,never married a one of them.Chooses to leave because she needs a new d**k to ride.Takes the kid,leaves the man with all the responsibilities of the house they lived in then takes him to court for child support .No car,no food,no money left for bills.A whore is a whore is a whore…p
I have a son who turned 18 on August 2nd of 2013, he was planning on college and decided he wanted to work instead. I helped him find a full time job and then after a couple weeks stopped paying support, his mom filed the the local courts and I immediately put in a motion to end payments…..he then stopped working and I was ordered to keep paying support. I have not seen my son but 3 times in the last year, our relationship is strained I he doesn’t work and now has “health issues” so he can’t work..(he’s fat and lazy)……I have excellent health coverage and he is on that and in a heated text discussion he said all his doctor bills are coming to me also……..
I have three kids at home that are suffering due to my son and his mother abusing the cp system and myself…please any advice??
The State doesn’t care about you or your life. They will continue to rape you until you are sent to jail indefinitely or can’t take it any more and take your own life.
What do they think is going to happen when they continue this unjust persecution of desperate men with their backs against the wall and nothing to lose?
research Rod Class and Judge Dale. Then reach out.
I don’t get it either. My husband is a disabled Veteran and receives monthly checks from the Veteran’s and SSD with the benefits he suffers for dearly. His ex gets $1,000 from him and $850 from SSD for 2 girls a month. He went to court and was advised that the money from SSD is not accountable and could not be used as a reduction in his payment to her. New York is one of the few states that do not recognize a dependents benefit under the earned parents SSD record as a deduction. On top of this $1,850 the girls are covered under his health insurance in which she runs them all over the place even for just a runny nose. He is responsible for 50% and we have told her numerous times for big purchases such as glasses etc that he needs to be contacted so he can have a say but she never does expecting him to pay 50% regardless. On top of the $1,850 and health insurance she is always whining it’s never enough. For some reason there is no consideration that he didn’t make the girls by himself that she as well is responsible for 25% equaling one of her precious paychecks.
New York needs to really reconsider how its family court laws are so outdated in according to todays times a lot of our laws have not been changed for over
25 years now. Let’s get with the times instead of having our poor disabled double dipped.
Just when you think you have it bad, There is always someone worse off. I couldn’t agree more, that nys needs to revise family court laws. My husband still owes over $25k in arrears that he has been paying for 10 years or more. 65% ofhis pay and when he receives unemployment benefits it is was 50%. Mind you his ex has been living with a millionaire for the last 4yrs…while our 3 minor children go without at times. It’s a sad situation when one has that much evil intention as to make other children suffer.
My husband paid current support yet ex stated that he owed her over $60k in arrears…he has paid it down to 25k…
The Bar Association is operating a ‘closed union shop’ in all court rooms. Your Custody Judge support MagistrateViolating your rights and offering no recourse or remedy. See Taft Hartley.
Fire your lawyer immediately. Do this and ask the magistrate or judge; if the Federal Government is giving each State grant money for every registered live birth thru the Social Security Act of 1935, then why is the State, where you reside in, not paying it’s Rightful share of child support to your children?
Since, the Fed, the State and the SS department are the Indispensable Third Parties, why has this court, the opposing lawyer and even Your previous Lawyer have Failed to give Full Disclosure of this Fact in that court room?
File your own paper work in as flesh and blood man or woman with a soul. Not a corporate party in this Administration Procedure Court based on the Act of 1946. Where common law has been ignored. You do not give your consent to the proceedings nor consent to appear under their jurisdiction.
You request they honor your reserved rights and do a non income garnishment of your wages. I can provide paper work but there is much more to this. I suggest you research and study the key dates, terms and phases and Federal Acts. Google Rod Class and Common Law Jury in New York State!
Thank you Bentout!
I live with my fiancé, who has 2 children 5 and 12. There mother is a total lazy ass, who is cheating the system while my fiancé pays the consequences. The ex wife lives with her mother who get section 8, she got her last to fire her because she wanted to collect unemployment and she pays no rent. Now my fiancé has been put in the system because according to her his contribution was not enough, not to mention she was also receiving money from my future mother-in-law. He only get about $200-$250 after all the deductions are made from his check. PLEASE tell where can u find rent for with utilities and food include with a $400 income! obviously no where! this means that i have to come up with the rest, left with nothing but debt because we barely make it for rent and utility. We have no cable for over a yr (which we don’t care for), sometimes have gone almost an entire wk just looking for ways to mange with food.
NY CHILD SUPPORT SUCKS!!! they need to do there homework and punish the one who is really taking advantage of the system.
I totally agree with you.
I don’t think it’s child support that sucks, it’s the people enforcing child support or what I should say is the Judges who are supposed to be enforcing the guidelines and are not that sucks!! The CSSA was put in place that these Judges didn’t do whatever they felt like – and a lot of the CSSA doesn’t guide them into doing what they need to do – so we need to work on the CSSA and then getting rid of the Judges who do not want to go by the guidelines.
Valerie,
Eats be clear that child support court are MAGISTRATES, not judges, they are want to be judges
Sorry, it was suppose to say “let’s” lol
Unfortunately I do not even think they are MAGISTRATES. We brought our case to the Third Department Appellate Court and they made incorrect statements of the law such as “Notably the addition of the spouse to the existing coverage did not alter the cost of the family plan.” This was in reference to health insurance coverage. Since when do we figure out the cost of the new spouse being added to the family plan – as far as I know the CSSA is the cost of the child!! They also did not allow my husband to keep is available health insurance coverage, BCBS PPO for the child that cost no additional money to either party as they stated the Agreement (1993) did not say he could put the child on his as an alternative. What? It didn’t say he couldn’t. And we weren’t asking for the child to be put on as an alternative as when the mother put her spouse on her health insurance – the correct statement of law was “Notably the addition of the child to existing coverage did not alter the cost of the family plan.” So they made my husband continue to pay toward the mother’s health insurance premium for herself, her spouse and the child (an allocated amount) and did not let my husband keep his insurance. We have a motion in to the Court of Appeals – it’s been there since March 24th. Any day now the decision should be made – I do not know how they can deny our case as it is a matter of law and fact – ironically the mother had to fill out her financial affidavit and she had to admit it wasn’t costing her any additional money – that’s because when you complete the financial affidavit, it is in accordance with the CSSA and the Court should have simply looked at this – so now you have the mother stating it’s costing her nothing and the Court because they failed to follow the CSSA showing it is costing her $38.37 bi-weekly and my husband has had to pay $22.25 bi-weekly!! Hmmmm what do you think? Please comment!!! I will keep you updated on what happens in the Court of Appeals – we may know as soon as tomorrow!!
They should figure the different between a single & two person plan & a certain percentage of that. That is how mine is, so even tho I have a family health plan, it doesn’t matter, the amount is based on a single plan. With the way health care is these days, the courts don’t even know what they are figuring. It’s crazy!! How did you court go the other day?
I’m confused. What do you mean yours is based on a single plan? In our case there is only two plans available a single and family. When the mother added her spouse to her plan, according to the CSSA there was no longer an amount attributable to adding the child to her coverage so the amount should have been zero. And my husband was covering the child on his health insurance for free as we have a single and family plan and to include the child on our family policy was zero. So why wouldn’t the Courts follow the CSSA and order us both to maintain the child on our health insurance at no additional cost? Oh our case got denied – the worst part is you do not know why – going to give it one more shot – if that fails we go public!!
Val,
Because it cost me more to cover my child vs if I had a single plan on my own. So they take the difference between the 2 plans, and multiply by a percentage owned to me
Thanks In our case when my spouse entered into his agreement the ex was working for BCBS and got free health insurance. About 2 years later she left that job and started working for the State and the Court ordered my husband to pay his proportionate share of the difference in cost between a single and family plan as that are the only two plans available. That was fair. Every year the as the premium went up my husband kept increasing his amount. In 2009 she remarried and added her spouse to her plan. We found out in April 2011. We believe the statute reads that she is no longer entitled to a health insurance add-on because if you look at the wording of the financial affidavit form it asks what is the additional cost to add the child and it is zero. There are also cases we cited showing that it I solely the amount attributable to the child and in those cases the parent wasn’t awarded an add-on expense. Do you understand the law to mean this also? And the fact is my spouse and I maintain the child on ours so there was no reason for the Court to order the mother to keep maintaining the child if there was even an expense.
I paid $5000 a year in child support, it was hard for 11 years, while desperately paying NYC lawyers to try and get visitation with my only son…….I have never met my son never. The mother simply says NO I am dangerous. I have been through the ringer……..the fact is NOBODY in NYC cares if you see your kid. So to make me give up the mother served me with a supeana and a restraining order the day I was so close to finally getting a judgement to see my son………the judge said “Oh no, there is a possible criminal complaint with this NEW restraining order” I cried and showed emotion and thus they justified yet again more delays to ever seeing my son……..oh but the good news is they increased my child support to $1500 that I can NOT afford, as I sold my business to pay for the lawyers to see my son, but of course the courts don’t care, so now I cant pay it, and am desperately trying to get a downward modification so guess what they did????? Sent the modification to the same heartless judge screw NYC , screw the heartless judges, and screw every mother who does this to a man. Send your complaints to 60 Lafayette Street NYC Family Court…….protest, write try!!@!
Ok gang, so I reversed the custody of my kids.mainly because I was a virtual cripple and couldn’t work as much. The ex barely paid. Now, I pay him. I lost my job. Meanwhile, I let him sub let my apt. He didn’t pay. They all got evicted. Now, I have to pay for the apartment, pay him, and he sits in court insulting me, bashing me for ten mins and I wasn’t allowed to defend myself ever. The judge just sat, listened to his bashing, etc…the clown face girl balif person was called in to “keep me quiet”. The ex rubbed his hands together in excitement of what I was going to”give him” screw the kids who are 17. Not only do the cps get hard earned cash, they rub it in your face And the system allows them to be terrorists. Screw this. What the hell are we doing?
Ok people, here’s what I’ve learned, get on the phones, emails, letters, smoke signals, whatever you need to do, get in touch with your NYS senators. There is a bill in assembly A6457, to lower the age to 18, base the calculation for which CS is based to a more realistic amount, rather than gross-FICA then a percentage. The Senate needs to get this bill passed, because the Assembly woman who is head of the committee for passing will not, she will not, and hates men. There are bills pending for shared parenting rather than visitation, these also must be passed. The family court system in NY MUST be updated with the times, a 1989 guideline clearly is not working in 2014!
Speak up, fight, and work together
No. Who do we write?
Who is the Senator sponsoring that bill A6457? I am ready to write the letter this will definitely help my son and other fathers.
Your local senators for start
Get online and do your research. there is no Senator supporting this bill. it is in Assembly, which it would need to pass there, and then Senate.
You cannot rely on a blog to turn too & do nothing more on it than complain. You need to get involved, research, and help change things. How do you think I found out about this? I researched it, as I was getting no help on here other than fueling my fire. Contact you local Senators to start, get active, get involved, if no one speaks out, no change will be made!
‘KolbB@assembly.state.ny.us’; ‘HawleyS@assembly.state.ny.us’; ‘FinchG@assembly.state.ny.us’; ‘MontesanoM@assembly.state.ny.us’
HERE ARE THE ASSEMBLYMEN SPONSORING BILL A6457, I have already sent emails in support of this Bill plus everyone needs to send an email to Senator LaValle to support his Bill S4547 to adjust child support payment. Everyone please go online and read the details of this Bill.
CG
CG,
Yes those are the ASSEMBLYMEN sponsoring that bill, but it is in the Judicial committee & Bill S4547, is dated 2011 & stuck in Judaical committee (on the Senate side)
NY Child Support is Brutal. My daughter lived with me for 3 years after my divorce due to my ex-wife cheating with a drug dealer that she eventually moved in with. During that time, she vilified me to my daughter and anyone that would listen, so as to vindicate herself. She then dragged me into court so many times trying to get the court to let her be the primary residence, that is crippled me financially. I never took a dime of child support from her. When I finally couldn’t do it anymore and let my daughter have the option to reside with her, partly because of the financial burden and also because I didn’t want my daughter to be ping-ponged anymore- she immediately filed for child support. The POS judge said that because I owned a business, I must make more than I claim, and he actually mediated in favor of her- pushing the total up for more than she even asked for- which is way more than 17% of my income. Her mother feigned an injury and collects disability from the state, plus child support, plus a big EIC credit, and refuses to marry her BF so she can claim single mother status. My daughter said she hates it there and is nothing more than a built in babysitter for her mom and the kids she had with the dirtbag she cheated on me with…if it weren’t for my daughter’s friends and school, she’d leave in a heartbeat. An who gets the crap end of the stick? The dad that was cheated on, and the kid cauht in the middle…not the slut that caused all this and doesn’t work a day. You tell me what’s fair about this system. Also, try reasoning with these people who are the so-called “Child Support Helpline”. It’s a joke. When I switched jobs, there was a lapse for a week and I get a notice for extra support. It kept going so I called and when I asked why they said they’d put a notice to stop it but it can take up to 20 days. So I asked if I get the additional 3 weeks returned, and thy said no- they keep it in the account until the support is over. WTF???
CG,
I doesn’t help to contact them, the chair of the Judiciary Committee, H Weinstein is the one that will not budge on this bill.
Well, i am no longer paying child support. I have finished my monetary duties as a father. I have paid every single penny that i owed and current and past. It’s been about 5 years now since then. I feel strongly that the system is built one way, it really is a tragedy, where the fathers keep paying most of the time without visitation rights. The mothers, i take my hat off to them for raising the children, but often the father is left out of the circle, bad mouthed and really without enough money left over to live on. During my 21 plus years of paying child support, i rarely had enough money to live on, it was quite difficult getting by on what was left. Of course i had arrears, the judge took out $1,600 a month and i was left with $154 bi-weekly. These are the difficulties facing fathers today. There really isn’t someone or an organization going to bat for these fathers. I not only did not receive child visitation rights, i have no whereabouts of my son who is 27 today and has no knowledge of what i’ve been through. So, who is going to go to bat for these fathers and their hardships?….. I guess until there is someone who experiences these hardships who in power and the influence to make a change, things will remain the same. Until the next post, good luck to all the fathers going through the awful system.
Congratulations for your freedom!! Awful that non-custodial parents loose their rights when they get divorced by these so-called people who should enforce the law – not do whatever they feel like!!
You sound like an agent of the court or worse. I could be wrong. Congratulations are in order when all Judges, so called magistrates and lawyers in the new york state fraudulent family court system are held accountable for rendering decisions based on hear-say and blind emotions. Taft Hartley Rico crimes by violating family rights and process by operating a dysfunctional toxic closed union shop feeding off misery and offering nothing.
That’s true – I am far from an agent of the court or worse. I wish the worst for all so called Judges, magistrates and lawyers. I hope there is a special place for them in the world of satan
Well AO, welcome to the finished paying child support afterlife. This is the part where all the hardships you’ve endured as a support payee seems for naught because the most important element to having a kid is the relationship that should’ve been forged! Despite all the custodial parent armed with a deceitful court system has done to shake you down for every damn honest penny you’ve earned they also fracture (sometimes beyond repair) the relationship between you and the kids you paid support for! It’s the most humiliating and degrading part of the process. Perhaps one day your son will seek you out and hold audience with you for your version of events that led to your exclusion from his life and you can salvage some type of relationship with him. Until then just enjoy what measure of life you can with out the bitter taste of a parentship gone awry.
Dexter, your insights are appreciated. No one should go through this criminal family court nonscense. Dear female Judges do not hold the high moral ground when arranging custody or know what is best when they operate from protecting the overt or covert emotionally disturbed sick mother. Support for the child is completely different issue especially when at least 3 out if 5 men in any given area of NY State is unemployed AND CAN NOT FIND WORK.
Congratulations are in order when all Judges, so called magistrates and lawyers in the new york state fraudulent family court system are held accountable for rendering decisions based on hear-say and blind emotions. Taft Hartley, Rico crimes are consistently occurring. Violating family rights and process by operating a dysfunctional toxic closed union shop feeding off misery and offering nothing.
I am going to start a facebook page on New York State Family Court not following the law, specifically, CSSA, the Appellate Court allowing them not to follow the law and interpreting the law altogether incorrectly and the Court of Appeals failing to keep the lower courts in check when they fail to follow the law. I am thinking of a name to call the FB page – any ideas?
How about “Travesty of Non Custodailship” or Child Support Cotruption even “Judicial Abuse Of Child Support Enforcement” I would probably have gone with “these dirty bastards overseeing child support enforcement!” Lmao
I have pending legal action in family court for medicaid reimbursement $230 / month, on top of my child support and they have frozen the IRA setup for the ex who has not provided me with an account to deposit the money into,
the last time i saw the magistrate (arrogant SOB) he made it out to be my fault that I wasn’t working enough, well what am i supposed to do if nobody wants to hire me they did garnish 75% of one of my paychecks, If they want me to work so damned bad then find me a full time job with benefits and I’m MORE THAN HAPPY TO PAY MY OBLIGATIONS
Hello to All
I am a veteran of the system for 17 years. I have read most of the posts here. and decided to start from the end – Meaning today.
Lived in N.Y. all my life.
Went thru a Storm classified 4085 Sandy.
I have been in family court ordered jail for six months of weekends for contempt and 3 months straight due to 4085 sandy.
I’m on day 6,000 of digging out of the life I now live due to divorce.
Day – 1 today, I checked my credit report and within the report a line states next to my arrears for child support, that my account has been closed.
In your credit report it also has a legend that shows icons or waypoints like on a paper map – remember those… explaining what the report means.
Well, does anyone here know what this is or has had the same question on what this means?
This is a Good way to progress.
All help is so welcome.
Thank you for your posts.
A Dad who would.
Al.
Hello everyone. We are in some hot water here, my husband is a disabled veteran whom only receives SSDI and VA because he is totally and permanently disabled and unable to work. He tried to modify a support order and was alleged to owe alot of money in arrears only in return. She is alleging she has received no money for over 3 years. This does not seem right because his ex gets the auxiliary benefit for their son that’s well over his child support amount. The mother is willfully unemployed. To make matters worse we are in a different state because I am active duty. His lawyer is reluctant to help although NY’s sister states have direct instruction that this payment should offset the support amount. Any advice or suggestions. I know this post is old but some guidance is needed very much.
I live in NY and my daughter is 18 and moved out of her mothers into her boyfriends house. She just had the child support amended so that it would go right to her.My question is if she isn’t going to school and not living home……Why am I obligated to still pay child support.
I think in the state of Ny you have to pay till the child is 21, unless someone else adopts her.
@bywillorbyforce, where in the hell did you get that myth from where receipts are honored by child support judges or magistrates?! Man LISTEN, when you the non-custodial parent enters that cort room the ONLY thing the support magistrate or judge wants to see are your FINANCIAL statements. All that receipt shit? Out the door. You’re taking care of your kid? Great I just need to tell you how much you’ll be paying from now on and also every 3-5 years you’ll be adjusted due to the cost of living. That’s ALL you’ll hear about that receipt bullshit! Please don’t mislead anyone into thinking receipts make a difference because they sure as FUCK, DO NOT! Oh…and that cost of living adjustment? That shit isn’t for YOUR cost of living, it’ll be the child’s and it WONT EVER go down! So now you get to have THAT as your new form of proof of parenthood non-custodial style.
I have to say that partially receipts do have a form of proof. Problems occur when a guy goes into court “WITHOUT A LAWYER”. If you go by yourself the court sees it as if you know the law and you will call the law as stated in your state’s Statute. And when I say call, I mean you have to literally say to them.Statute number and what the law says about the matter.
But for guys without lawyers, might as well bend over and take it in the rear.They will put you in the least of care and make you pay more and more as the X sees fit.
My total advice from my experience. Nothing ever got done until I got a lawyer. So get one… even if you can apply with a Pro-Bono service of some kind..but get one or you are so screwed trying to fight this on your own… trust me..
I have fought for many years and they screwed me beyond reason, but now I have a lawyer and everything is so different…it makes a big difference..so again..GET A LAWYER..it is the only way to play their game.
You know what’s interesting, if the “fathers” were able to provide proof such as receipts that they have been providing for the child, not since papers were filed, but since before or as soon as the child was born, a child support case would get thrown out. Child support is awarded because the “father” cannot prove that he has been a “father” to his own child. That’s why the courts decide they will make you take care of your child, and since you cannot come up with a decent regular amount, they have done so for you. So its like if you don’t do what ur suppose to then the courts will make you, and tell you when, and how much. Its better to do what your suppose to do from day one, and your “babymama” wont even have a case to present.
Yeahhhhhhhh receipts do not mean a damn thing. The judge wannabe in my case made it clear they do not have to honor it. I was sending money, clothes, & perishables to my ex, but she wanted child support instead and took me to court. I had to pay back arrears. Even though I shown proof via money orders, receipts, witnesses, etc. It does not mean a damn thing if the courts do not want to recognize it. They want the money plus the interest so they can collect from it. Luckily I was able to appeal and lower the amount… So unless the magistrate is compassionate and respects the rights of everyone involve the father is usually screwed in such cases. That is what I experienced.
@john fox it’d make sense to terminate the order but they won’t because NY state child support isn’t about making sense, it’s about ruining lives so here’s the bad news unless she agrees to terminate the order you’re paying until she hits 21 pal. Sucks but it is what it is and until laws are actively changed it will continue to be
Why doesnt everyone start writing letters to :
Hon. Judge Hoffman
60 Lafayette St.
NYC, NY 10013
He is the SUPERVISORY JUDGE over all of this for New York……..write him print out this blog all it takes is a stamp or he will turn his Ostrich head in the sand!!! PRINT THE ENTIRE BLOG LET HIM KNOW HE SHOULD CARE AND CHANGE IT!!!
I lost custody after my daughter lived with me for 12 years since birth. The last 5 years under a joint custody and support agreement. At the time prior to custody change and According to the school psychologist, My child was healthy and doing very well in school. I have no criminal or any other record whatsoever. There was no CPS reports, no police incidents…..My daughter insisted on seeing me every day regardless if it was mine or not.
As a result of the custody change, I have not seen my daughter now in 14 months and only 3 times in 30 months despite “generous” court ordered visitation.
Naturally I went to Court. The judge refused to hold the “custodial” parent in contempt.
Support you asked ?? Despite my home and business being destroyed in hurricane Sandy, my income was “imputed”. At the same time, the same NY State refuses to lend, grant, or aid me, my home, or my business due to “inability to repay” disaster loans. Further, I Find out after two years that The disaster Grants are a mirage too.
So which is it New York State ? I make money when it is beneficial to the State but I don’t when the State is supposed to pay it out…..they have it both ways while claiming “best interest of the child”……..my child you say ?? My child suffers, and will suffer in the absence of a relationship with me, those are undisputed facts by psychologists and researchers.
Taxpayers ? Well 100 appearances, 3 trials (I had court appointed attorneys), 1appeal later, and my child is far worse off than the original Court Order of Joint Custody and support agreement in which she flourished……..why ?? Clearly there is a financial windfall for judges, lawyers, court employees, cps employees, and to NY State in promoting contentiousness and ridiculous support rulings….I lost everything, I guess it’s jail next. What a State and Country…
You do not know me anymore, but I Love you Christin,
Dad
That is the saddest last two lines ever. I so feel for you and i genuinely feel and understand your pain. I HAVE my girls? And they still live at home? Over the age of 21? And bel or not i STILL hve a support issue thats been killing me last 7 years. Judging by your story? Your apparently in WORSE situation. My heart goes out to you and your daughter. One of MY daughters is ‘kristin’. God help us ALL out of this mess.
I am tired and can not do it anymore, its impossible the courts do not hear a dying man crying for a child he can not see, an arrest record of lies , the retaliation of a mother who is a bigamist…..all they see is a man……..but not the dying man…… god bless the New York courts New York State is the worst state, 21 for a man to get child support and never ending 18, 19, 20, 21 thats right count them years. Help me!!! http://www.gofundme.com/ea2w24
Hi, I am a father that has had the pleasure of being involved in the child support of New York for many years. My son is 22, alcoholic, addicted to marijuana and few other choice drugs. Sad to say, I am the one who provide the money to make this all happen. That’s right, for the past 9 years since he was 13, my money paid for his habits, that have ultimately destroyed his life, he is an absolute walking train wreck of a human being now as a result. His mother gave him every cent I ever sent. And when she wouldn’t give him the money, he would beat it out of her! Sorry folks this is no lie!!
Anyway, in hindsight, if I could go back and do it again, I would probably have told NYS child support to fuck off, I’m not going to continue to support his drug habit, and gladly just do the time for failure to pay…..
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My ex husband makes 1,100 per week what will my child benefit. How much? Plus she goes to catholic school.
I have been paying child support for 19 years in NY and I am not in arrears. My son has been a complete disappointment. He finally dropped out from college in his first year of college and decided instead to work full time. He was arrested at his job for aggravated arsoning. He is going away for at least 5 years. Do i need to still pay his mom child support until he turns 21? if I do, this is an absolute joke. The support is meant for the welfare and food for the child. The child is now state custody. Can someone advise me? thanks. BTW, I plan to head to family court next week to get clarification. I expect the worst since the NY Family Court does not really give a sh@t about the child or you for that matter. It really hurts me to see my son in jail, but I wanted custody of him and tried to work with him to no avail. His mom was the barrier and I blame her 100% for allowing him to drop out without my knowledge but she knew how to reach me once he got arrested. God Bless America for empowering women to the point of self destruction of family values and family unity. The court system is a divisive environment.
My situation is pretty messed up in my opinion. I dated a girl got her pregnant. But before we knew she was we split. So she still lived with her family in new york. Months into the pregnancy she leaves new york to stay with family on the other side of the country. She then files for child support a year agter she is born yet never letting me see her. She is slmost 4 and still have seen her yet i got to pay child support? She brought her back to new york to visit family didnt tell me so i never saw her. She lives across the country now and say ohhh if you want to see her you have to come here. I work over 50 hours a week and cant take time off like that. Restaurant industry cooking in NYC diesnt allow it that much.so now most of my check is gone i have rights they say…. how is that possible wgen she jyst had anither kid with someone else and living with him. I dont feel like paying for a kid i cant even see is fair and i want to be a part if her life. I cant afford an attorney im a 28 year old combat veteran that served in the marines trying to make it. I dont know what to do
The state makes millions in interest through Bank of America. The more they take, the more they make.
OK, I see a lot of non custodial parents complaining on here. What about looking on the other side of it? I am a custodial parent. I make 48,000 a year and live in a 2 bedroom apartment paying 1550/month for rent and all the bills, Her dad makes 75,000 per year has, stocks, bonds, savings and owns a home, his wife drives a Mercedes and walks around with top of the line everything. All I get is $200.00 a week. Try raising a teenager on that little. The laws are not fair for us custodial parents either.
Im going to say this as nice as possible. take your entitlement attitude away from here. Its not only HIS responsibility to fund the child u BOTH have.
Try raising three kids three days a week on $250 bring home. After u pay $235 a week to ur x WHO MAKES 68% MORE MONEY THAN YOU TO START WITH.
Now you go ahead tell me how its not the good life for custodial parents. Cry me a river how u have to OMG pay for some stuff for your daughter out of your own money.
I have to agree. I’ve been on both sides and now pay support. The x husband gets half my check and social welfare. The two kids he has are 18. He gets assistance while I gave up and moved back home. Who and how can you make it these days? I give him double for 2 kids than he gave me for 4. Love my kids. Hate his dead ass.
You make $48,000/year, get $200/week in support and you’re renting? All together that’s close to $60,000 a year. Buy a house for Christ Sake.
Do you live in New York? That’s nothing? Are you upstate? And raising kids? Do you eat?
Unhappy mom too, I am agree that some non custodial parents are better living than their r own children.
I’m so sick and tired of hearing about how much a father pays and how women rake them in child support. I am a woman and when I raised my boys, I never received a penny in child support. He wouldn’t even pay for a $7 hair cut. Now that my nineteen yearold lives with him, suddently I’m paying 17% of my income to a man who sleeps to eleven every day and my son refuses to get a job. This is so unfair to constantly think that it’s the man who pays and not the woman. I am just as annoyed as these women who have nothing and suddenly marry into wealth and when the marriage disolves, suddenly they are entitled to a home, pension, brand new cars of which they have never worked for. This is about the children and I have always supported them and will continue to do so. I brought them into this world but when do you say enough is enough. Why should I have to continue to pay a man who clearly doesn’t want to work and clearly doesn’t want our son to work so that he can continue to receive his rent money from me. It’s just messed up so zip it guys and quit your complaining because there are some women out there who work their asses off and feel it’s the males you take advantage…..
Hey. Tho mostly its the women who get the checks … all of us non custodial parent are the ones getting the shaft.
Welcome to our club … sorry you are here
My husband has full custody of his 3 children and paid over 300, 000 in attorney fees to protect and provide for them. His ex has supervised visits and she has been court ordered to pay about 200 a week in child support. She filed bankruptcy and is driving a new car and works has a nurse. She is over 10,000 in back paid support. What do we do? Should we continue to let it build or proceed with legal action? It sounds like the NY system is quick to go after a father for child support but what about a women??? Does she not apply to the same laws???
Always have them stay current. UNLESS it will make her fike for full custody.who knows what the court will do if that happens.
I cant figure out if she has a job the support will come out automatically … why hasnt it then ?
Is this ny ?
My husband sent a long 3 year custody battle to finally be awarded full custody of his 3 young children. Attorney fees costed him over 300, 000 to finally have the NY system realize his children were potentially in danger with ex. She has supervised visits once a week and the court has ordered her to pay about 200 a week in child support. Regardless of her lack of payments the children are save and in a better place but why has the system not held her accountable for the 10, 000 she has not paid in the last 9 months?? It seems the system comes down hard on a man when it comes to paying support, why not a women? Do the laws not apply to a mother who has to pay support? Do we peruse legal action or continue to let the money pile up?
Oh Boo Hoo. Get a second job and support your kids. Stop being so resentful that the money you earn goes to your sons and daughter needs.
Besides being a troll do u have any concept at all about all of these comments ?
My children have to do without when they are with me so i can pay mom $1,000 a month … but lets not forget she makes way more than i do. Ponder that. I pay her $1,000 a month. She makes more money than i do To start with … and has them one day more per week.
Do you think child support is about whats best for the children ?
@Lena Senecal, while it is most unfortunate that you’re part of this excruciating process and believe me I mean that with earnest sincerity, the majority of the pool of non custodial PAYING parents ARE men! Now I wouldn’t feel satisfied having more women amongst us I think that ALL of us are expressing how twisted the system is and the disparity between fair and unfair is like swimming in the Atlantic Ocean riddled with sharks! What needs to happen is a revamping of this current system with a reality check into what’s REALLY “best” for the children involved. As a non custodial parent who paid child support dues for 20 count them TWENTY years I was completely dehumanized by the child support system and wished that a site like this had been known to me during this time because it would have eased some of the mental anguish knowing others out there were suffering as I did. The key to a site like this is to use to push forward so others might not fall victim to the machinations of an unjust court ordered allocation and through that reform a better way for both parties to be held equally accountable for their children’s well being. As for me I’ve paid that price for having 2 beautiful baby girls and that price ran me close to 300K tax free dollars to a parent who didn’t have the presence of mind to at the least save more then half of that for the two deserving children it was “ordered” for. How’s that for irony?
Quoted from US Dept of Labor Website: “The amount of pay subject to garnishment is based on an employee’s “disposable earnings,” which is the amount
left after legally required deductions are made. Examples of such deductions include federal, state, and local
taxes, the employee’s share of State Unemployment Insurance and Social Security. It also includes withholdings
for employee retirement systems required by law”
“Specific restrictions apply to court orders for child support or alimony. The garnishment law allows up to 50
percent of a worker’s disposable earnings to be garnished for these purposes if the worker is supporting another
spouse or child, or up to 60 percent if the worker is not. An additional 5 percent may be garnished for support
payments more than 12 weeks in arrears.”
My step sn lives with us his mother has no job and hasn’t for YEARS his stepfather supported him…she pays NOTHING never calls to see if he needs anything and my husband thinks because she has no job what is the point in going to court…..I read that if the step parent was the one supporting the child we could go after him is this true?
Please someone help me I am at my wits end…….I have tried and tried to be nice and strike up conversations she just agrees with me and then does the complete opposite…this is straining our relationship I truly need help!
i agree child support payments is crazy but also children investigations and report to nys cental child abuse in neglect is crazy anyone can help with sugestions since due to knew changes i found i am total criminal by trying to quit smoking during pregnancy and mandated to receive 6x months rehab for sigaret smoking since the prenetal care i attend was not special enough and by end of the year i don’t know how much fine i will be paying since its still unclear will all court mandated services such as test and rehab covered since its unclear if they are nessesary, since refferal for it was made by acs or preventive servises and who is not my primary care providers and its all on top of paying child support for the older child. toward whome i was recles and ambivalent since i got one more child and that other parent would be charged with it to. if anyone knows about the change in law please email the link. and that miss payment on child support also consider to be a neglec during the acs investigation.
The law should be 17% for one child with a cap out at 40 hours. We (the good fathers) try to make up the $ for support by using our time to work more hours. But then we get taxed on those extra hours when the mother’s get a bug in there ass. Its not right to be taxed on our overtime hours too. Especially when we support our children just as much if not more than the mother’s even though we have them every other weekend. We need to stand up and change these laws we are good people trying to earn a living too.
i had 3 operations back and both feet so needless to say i was out of work.child support knew this and they still charged me every week for almost 4 years.i tried to get disability for that time and lost,now back working support being paid.all the payments are for back support because my daugther is 24 now and she tells me she has not gotten none of this money that comes out of my check everyweek so my question is who is getting the money?
Art, the money goes to MOM. She ( i assume) paid to raise the child all that time without whatever extra the court said you have to pay. So now this money goes back to her.
@art, the most unfortunate thing about child support is there is no PAUSE button due to illness or injury. Despite all of your health issues child enforcement because that’s really who it is does not give a damn. As valid as your issues were they won’t let up and will continue to charge you support although you should receive some sort of reprieve. The only way you would is if, a BIG if, the mother appeals to her sense of decency and has child enforcement release you from your burden due to the circumstances and the fact that the said child is now an adult. 9 out of 10 she won’t and you’ll have to continue your payments to completion of which she will get 100%. EFFED up system huh? Welcome to parenthood NYC style
I personally am getting raped by NYCSCA which has created a hardship that i am now 2 months behind on my rent and my car was repo’d because i am left with 31.127% of my money..which is shit to live off of in this state. That amount doesnt wven cover rent. Sometimes i cant wven have my bisitation because i have very little food and almost no money to feed my kid when he is with me I understand support is necessary but some level of quality of life is required for the noncustodial parent as well..the only way someone can survive on the crumbs left over is to live with family..my case no family lives in this state anymore so my only option is a shelter..that is my reward for doing the right thing fuck NYS and there broken child aupport laws…i bust my ass to live like a welfare recipient great job NY
Oh yea and get this i humbled myself and went down to apply for food stamps because i and really ficked up and they sid i made to much money how do they calculate that on the gross when my net os what matters..makes no sense
I live in NY and my child support will be ending on the 3rd of November 2015. My question if someone knows is since it falls on the 3rd would my payment be just for the 3 days rather than the whole month ?? I’m thinking I would only owe $60 instead of $600 for the month, anyone knows please let me know
Ive found support collections seemed quite helpful to me. Which it seems it wasnt always the case. My work goofed up and took out a little extra one time. Support collections sent me a refund check real quick. Same happened when a former job paid me last check 2 years later.
So either im on their be cool to him list or they got their shit straightened out now.
As for ur situation. You ONLY owe to the date and they shouldnt take out the full $600.
If the payments were court ordered you will have to go to court to end the payments once your child has attained the age of 21. Child support services only knows what payments you are supposed to make they do not know the divorce stipulations.
Our expenses go up every so often here in NYC. Rents are extremely high. I know we have a obligation to support out children but how can we survive when 1st our payments are bases off of our GROSS INCOME. I have 0 dependants which as we all know means we have more taxes taken out our pay. This is TOTALLY unfair. My gross salary is about 1200 BIWEEKLY. After taxes I take home about 700 BI WEEKLY. After the 700 I loose about 350 BIWEEKLY to child support. So now that leaves me with 350. I was married to my wife and we were extremely happy until the burden of this situation now I’m basically at the point of homelessness and a divorce. I don’t know how much more of this I can take.
Your all part right & part wrong, the state statute is very clear & they CAN take up to %65 of your disposable income when it comes down to it. It is governed by how many kids you have & wether or not you’re in the rears. I have custody of my oldest child from a previous relationship & have been on both ends of this ridiculous system. If your ex applies for ANY type of public assistance, this means medical or food stamps, your screwed!!!! They shove it to you because they feel the other parent is in financial hardship. So they feel the other parent is not providing for the children. It is not fair to anyone to have the state do this cause they allow the primary parent to cry wolf!!! My ex-wife is basically holding my other 2 kids for ransom because her life isn’t the way SHE wants it. She feels that I should still support her but I choose not to be with her. I won’t stay with a lying cheat for any reason, not even for my kids!!! The part that all these greedy custodial parents neglect to realize is that it’s the kids that suffer cause they get used as pawns. It creates bitterness, resentment, & causes the other parent to not even want to see his or her children. I was awarded custody of my son before his second birthday & I never took his mother to court for ANYTHING! I knew what responsibilities came along with our child, so did she. I’ve never kept him from her or her family in any way. Every time we’ve been to court, she has petitioned me, & her cases keep getting dismissed. I can’t stand the system in this state & it does need to change, but the politicians DON’T care as long as they make a buck!! I’m in the same boat as most of you & I’m struggling to support the child that lives with me & nobody will help. When someone finds the answer, please contact me & let me , thank you.
Sorry for all the unhappy comments here’s another. I have been divorced since Jan 2007 (finalized) and since 2007 my ex has taken me to court every 3 months since then. He took me to court saying I am tried to alienate him from the children (they are now 23 & 19 respectively), that I punished them unjustly (Child Services paid me several visits), that he can’t pay the child support and most recently (again) to lower his payments and this time demanded that our daughter (youngest) testify – how can one do that to their own child? Yes he has paid support (had to it was garnished otherwise I would never see it) but he fails to realize that the money used was to support them and keep them in the lifestyle they were accustomed to.
They attended summer camp as they did before, they had vacations as they did before and were given all the things they had before our divorce – if not more. My youngest is attending her 2nd year at a state university, he signed for a loan for her (I am paying the loan since he signed for immediate payments and he knew our daughter couldn’t pay the loan so who’s stuck with the payments??) but the worse part was he took me to court stating she gave me the money! how much of an ass can one person be? the money was sent directly to the school but yet he demanded to put her on the witness stand and had her questioned – needless to say the judge was not happy with that nor was she happy with the fact that he failed to provide proof of any kind that he can not afford to pay child support – he makes $78K a year and yet he’s broke? I make only $45K and after taxes, insurance and my daughter’s school I have barely little left to “enjoy” my life with.
All parents should take responsibility for their children – stop crying about it and do what you have to do – don’t alienate yourselves from your children. You can’t make a child want one or the other they can see they are not stupid. When you fail to provide parental support you fail for life. Don’t blame it on anyone else it’s your responsibility not your ex – yours.
What if he made 78 and you made 45 … and then you had to pay $1,000 a month to him ?
Now do we have your permission to express our frustration here on this page that you dont own ? The above listed example is not to far from my situation. That is the exact reason we complain about the fairness of it. Should a man who cannot see his daughters have to pay extra because his x refuses to use a dentist thats in the insurancd network ? Again these are the things we talk about on here.
Seems like u have money for vacations … seems like you are doing alright … why are u on here ?
Me ex-wife had an affair and we divorced in 2006. I took my daughter and would have taken my son but she refused-saying he was her son and coming with her (though he will always be my son, I am unsure now if he is my biological son).The creep she had an affair with was a known drug user so I did not want my daughter around him; however, because he was never caught, it was considered hearsay in the eyes of the court.
3 years later, after her mid-life crisis subsided, my ex ended up dragging me back into court, over and over again, petitioning for custody of my daughter. She was appointed a court attorney, while I had to pay for mine, and, after already having my finances depleted in the divorce, the court costs crippled me financially. I also didn’t want my daughter being ping-ponged in the ongoing battle, so when she turned 13 I gave her the choice to live with her mom if that’s what she wanted. I told her I didn’t want her resenting me for not letting her try it, but I knew it would never be the same.
Within 3 years, my ex let both kids drop out of high school, with my son landing in juvenile, and my daughter complaining she was a built in slave to watch the new kids my ex had with her boyfriend. My ex was collecting a BS disability check from the state, child support from me, and not marrying the boyfriend with the salary so she could file single mother status and get an EIC return for thousands at the end of the year.
I remarried, and my business tanked with the poor economy. My new wife and I have a child and had moved out of state for her job. At the same time I was to file an amendment due to my loss of income, I found out that my daughter, who is now 18, hasn’t lived with her mother in over a year. When I called the Child support hotline,they directed me to Queens County court, who told me I needed to serve her before a court date can be obtained for an amendment. So I asked what her address was since she moved twice without notifying me, and they said they couldn’t tell me, that I’d have to hire a detective to have her served. So I said, what about a modification since my job status has changed- and they said I’d still need to serve her, even though I can’t afford a pack of gum, let alone a detective in another state. Meanwhile my ex, who hasn’t had my daughter in a year, is racking up fees owed in arrears by me until I can find her and have her served.
Now- tell me how, by anyone’s standards, this is fair?
Actually it is fair. Contact the court. Send them in writing that she is refusing service, demanding you hire a private detective to find her to serve her.
Advise the court exactly in quotes what she said. This al has to be done in writing. Ask the court how you should proceed with substitute service as they may have their own rules.
Now all this is prolly not even gonna work for u since … downward mods are hard to get.
Best of luck to you.
Thank you for the input- been there, done that. I even sent a certified letter to the the former address on file- it was kicked back. I have basically been told- it’s my responsibility to find her and serve her- despite her breaching the divorce decree in that I was to be notified if she moved….so, with all due respect, I don’t feel it’s fair that I should still be paying for my adult daughter, who hasn’t lived with her mother for a year, until I can track down my ex while she keeps mounting the arrears.
And just to be clear- it was the court that said I had to have her served, and suggested the detective…
There is whats called substitute service. Search it out under fca or drl for nys state. Her wilful violation of the order and current evasiveness (is this even a word) makes her ripe for substitute service.
Just go ahead and follow the law. If they rule against you as this wasnt a lawful service appeal it up. There is NO REQUIRMENT in the fca to use a detective. Just some nonsense spouted by a lazy non helpful court worker.
I ponder … perhaps in all of this also forward a copy to support collections and ask them to forward it with correct addy. Make sure proper postage is applied already.
My ex-wife had an affair and we divorced in 2006. I took my daughter and would have taken my son but she refused-saying he was her son and coming with her (though he will always be my son, I am unsure now if he is my biological son).The creep she had an affair with was a known drug user so I did not want my daughter around him; however, because he was never caught, it was considered hearsay in the eyes of the court.
3 years later, after her mid-life crisis subsided, my ex ended up dragging me back into court, over and over again, petitioning for custody of my daughter. She was appointed a court attorney, while I had to pay for mine, and, after already having my finances depleted in the divorce, the court costs crippled me financially. I also didn’t want my daughter being ping-ponged in the ongoing battle, so when she turned 13 I gave her the choice to live with her mom if that’s what she wanted. I told her I didn’t want her resenting me for not letting her try it, but I knew it would never be the same.
Within 3 years, my ex let both kids drop out of high school, with my son landing in juvenile, and my daughter complaining she was a built in slave to watch the new kids my ex had with her boyfriend. My ex was collecting a BS disability check from the state, child support from me, and not marrying the boyfriend with the salary so she could file single mother status and get an EIC return for thousands at the end of the year.
I remarried, and my business tanked with the poor economy. My new wife and I have a child and had moved out of state for her job. At the same time I was to file an amendment due to my loss of income, I found out that my daughter, who is now 18, hasn’t lived with her mother in over a year. When I called the Child support hotline,they directed me to Queens County court, who told me I needed to serve her before a court date can be obtained for an amendment. So I asked what her address was since she moved twice without notifying me, and they said they couldn’t tell me, that I’d have to hire a detective to have her served. So I said, what about a modification since my job status has changed- and they said I’d still need to serve her, even though I can’t afford a pack of gum, let alone a detective in another state. Meanwhile my ex, who hasn’t had my daughter in a year, is racking up fees owed in arrears by me until I can find her and have her served.
Now- tell me how, by anyone’s standards, this is fair?
Unfortunately I’ve come to realized we have done this to ourself, as a NCP paying into the system for over 20 years and finally got off my lazy ass and started reading the laws that apply to the family courts jurisdiction.
we have simply accepted there invitation to contract, when all along we could have just said no , but not a single one of our lawyers will ever tell you that child support is voluntary because he or she makes money in the court, serving you up to the administrator of your affairs.
instead of telling the court no thank you that we can govern our own affairs. We Let them tell us what they will do for us.
The sad part is that the court has no authority to intervene into our relationship with our children except by contract.
Please everyone read the laws of contract’s and you will see that you have a “unilateral ” contract, this is an invalid contract in every jurisdictional court.
For a contract to be binding it must be “Bilateral” Read your documents.
One other thing, take a look at the spelling of your name on the documents and then Google STRAWMAN . Good luck to all, peace and love
Tony. Thank you for that info. Unfortunately, I would be laughed out of Court if I presented this. NYS doesn’t care, we pay until 21, which is NOT a child, by law, 18 is an adult. Doesn’t matter if they aren’t attending school, and working FT, 21 it is. So stupid!! NY will NOT change this law.
Can’t claim on taxes over 18, can’t fight for custody (because 18 is an adult)
It’s just so frustrating! My kids did not want to leave their school and move with me, to a place I could afford, so I’ve been paying them to live and support their father for the past 4 years! They are twins’ 19 years old. come’on already.
I 100% understand. My child is 20yrs old, not attending college, owns 2 cars, and I’m paying her Father over $500 a month & he lives quiet comfy in a huge house. Meanwhile I’m struggling to make ends meet. “Child support” should be for children! 18 or until high school is completed
Have you tried to Petition this in court? Some people have this in divorce papers (I did not) that the kids have to be in college. If they are not, support can be ended.
We wernt married
Hi JL,
My heart goes out to you and I truly feel your pain, here is the ass kicker for me, Ive been paying child support for over 20 years now and I supposedly have 15 months to go until my youngest daughter reaches the age of majority, we”ll see. Anyway
My elder daughter is now 23 with a full time job and filing her own taxes and because I simply would not go back into court and file a petition with the court to produce my financial statements and enter into a new contract with them they continue to garnish my wages for my eldest daughter even though she has been emancipated for over two years. It is a nasty situation we have all gotten ourselves into. I have reached out to SCU and all they said is all adjustment to the contract have to be made through the court, I laughed and asked the woman on the line that I would have to go back to court just to prove my daughter is over 21??? that makes no sense, and she had no response, In my honest opinion it’s all criminal by nature and the whole system fiat gangsters are in it together. From the child support agency, attorneys to the clerk and administrators. They just don’t care about families the true nature of the system seems to simply create a lifelong separation of the family spirit.
My best wishes for you, keep your head high and know you’re definitely not alone.
My case is over 30 years old..the kids are grown. They have not paid in over 3 months again. The support unit & D.A. tells ex..I”m trying to get $$ out of him…and don’t worry about it. Bahhh
It’s real sad what’s happening out there. I was a father who had moved from NY to Texas to get away from my psycho X girlfriend who decided to have my child after I left her. When I found out she was pregnant. I came back. I put Child Support on myself so that I may see the child through visitation. But the mother couldn’t have that. Oh nooooo. I was supposed to live under her scrutiny. As soon as I started my visits she called the cops and had me arrested on false charges that the DA gobbled up. I spent 6 months in jail fighting a never ending case. No money for bail, yearning for outside food. Long story short, I’ve been in and out of jail because of 203.00 payments child support has against me. I tried to modify, Judge cunt said pay 253 weekly and we will see what we can do. I told her suck my @$#! And I went to jail for 2 months. So guess what. I’m used to jail. I’ll just let the state take care of me since it’s a huge business to keep jails full. They can pay for my clothing, food, and electricity. F it!! I rather die in jail comftoably than struggle with a job and live in a shelter where your socks get stolen if you’re not careful. FTW!!
Sorry for all your hell. My child support case is 35 yrs old..they could care less if ex ever pays to this day.
FYI, arrears will also come out of your Social Security and/or disability check when you retire or become disabled. Arrears will be taken out until paid in full. I am a disabled, combat veteran, my ex. gets 1337 a month I recieve 720 a month to live on! Talk about unfair. I have suffered all of my life being a non custodial parent. Ex turned the kids against me, I am hated by my own children. Still waiting for Karma to bite the ex. where the sun doesn’t shine!.
Karma always does get them my friend, be patient. My X wife won many years ago, and she was basking in her own glory while receiving her child support checks. But one day the kids grew up and checks stopped coming in for her. She is now homeless and moves campground to campground in her broken down pop up trailer from the 60s lmao. And, the kids are now on my side, once they grew up and were able to see that mom was trash and spent years lying to them. So, karma was served. Her diabetic homeless ass will die in misery now 💪🏻💪🏻
question; does anyone know anything about interest charged on monies owed on arrears and if it is true that interest must be paid first before any monies are to be applied on original judgment
I ve been the non custodial for 20 years, my youngest will be out of college this year, neither of my 2 kids have seen me in over 5 years, I lost a good paying job got a slight modification downward but they the courts based it on a 30000 a year income. I haven’t made over 20,000 in over the last 7 years due to the economy in upstate ny. that equates to roughly 1700. extra i m being penalized a year, I fell behind, became unemployed, tried a career change again to a higher paying position that required driving. Got hit with a suspension order based on the last 7 years plus periods of unemployment. Judge doesn’t want to hear a thing. They can get away with hurting me both emotionally and financially. I m going to get evicted where I am. no one cares. I ve never been in trouble with the law,lost my new job b/c of the restricted license. i’m at wits end, back in court next week, will plead my case but expecting the worst. Don’t know where to turn.
well im a disabled veteran lost my leg in war just got out 13 months ago and i get disability NYS child support takes 85% of my income for 1 child i have been to court 3 times and they keep dismissing my case and saying my injury does not stop me from working and making the same amount i made in the army lol
I am a Dad who has just shy of 50% time with my Son every month. I have an arrears balanced that I am struggling to pay and a monthly support amount that was adjusted to well over 17% of my GROSS yearly income. My ex wife and I have been before the same magistrate half a dozen times and this magistrate is extremely belligerent towards me. I won’t go into gripping about that, as that’s just life sometimes. I do not have the funds to get a lawyer as I have in past hearings and represent myself Pro Se. I am applying for a Modification again. I do not have any expectation of fairness. I’ve gone through this before with the same magistrate when I was downsized two years ago. She kept extending the hearings with one excuse after another (and yes I do believe this is intentional). During that time I lost my apartment, my credit took a huge hit which affected where I could get a place. Luckily I was able get one, but not in my recently gentrified neighborhood where I grew up and loved. My question for this forum is who are the specific NY State Senators who MAKE laws regarding child support? Who are the ones who may have a fairer perspective on what real Fathers go through? What are some of the laws which may be proposed now but haven’t gone anywhere due to lack of political courage or just not being aware that there are people like us out there that are unjustly treated by the system. I am ok with voicing dismay over the status quo, but I’d like hear more about a political aim and efforts to educate the voting public about what we can all agree is grossly unfair. I’m not being funny but a very smart man once told me “Nothing works without process”.
I welcome your feedback
I am a mother of 2 children from a previous marriage. My ex financially abandoned us in 2010. I supported the family with AS I and what little income I got for part time work for a year. I have legal and physical custody of the two kids. He is suppose to pay $50 a month but is unable to work due to his health problems that hit him because he would not take care of himself. He is almost a year late for Child Support. Throughout our marriage, every time the kids were sent money, he took it for himself. When he was receiving money from the State for welfare that was for the kids, he kept that. I never knew about it until I had to clear up a mess caused by him for the kids’ Medicaid and food stamps. All he wants are his visitations, which the kids are hardly ever there and also he does not care for the kids. He us unable to care for them and has others caring for him and them when they are there. He does not provide for their needs there as well. The kids want my fiance to adopt them and they want to change their last name to mine when I marry my fiance, but their father says no to adoption and he has to think about the name change. My fiance is doing what their father is suppose to doing as a father should. My ex never was a father to them. I have been raising them and doing what is needed for them. Their father was abusive to me and neglectful of the kids. But yet he gets to make a decision that I feel he shouldn’t make considering he is not a father to them.
There are so many variables but women are getting away with lying to social services about were the father lives. Just to get food stamps and section ,8. Nobody is garnishing or arresting them. Believe me I know.
I came across this site while trying to find information. I’m not a father, I’m a mother and on the other side of the fence. My boys father has a very minimal amount of support he is SUPPOSED to pay. I feel for everyone that gets raked through the coals of our court system but it isn’t only father’s. He quit his job back in June yup up and walked out. Promised me don’t worry im going to do the right thing. His words I’m getting like 20 grand from my 401k. Well he actually got 16000. Paid his back support from June until August and hasn’t paid a done since. Order days he covers health insurance NOPE no job no insurance. Child support tells me they cannot enforce that order, that it is my responsibility to pay over 100 a week for health insurance on top of the 200 a week I’m not getting in support. It had been 8 months and they have not done a damn thing. 7000 dollars behind. He is driving around in his new truck he bought with the 16000 grand and im telling my kids sorry but i can’t buy you me shoes. It’s people like him that cause the problems.
Get yourself back in support court and get the order updated. You also need tho call the collections unit every other day. They will track him down. I’ve been there.
Thanks, we finally have a violation court date set for April 19th. Not sure how that is going to make him start paying if he isn’t working. I feel for all the fathers that do the right thing and get screwed while people like him get away with it.
The truth is, the child support system benefits the person who scams the system and usually hurts the more motivated harder working individual, wether it be the ncp or the cp. The system itself works as a machine and intentifies itself as a machine working in a system of machines. Only that the decisions, awards, reductions, deductions that it makes really affect peoples lives many times in drastic measures leading to despair. In my field of work there is a good amount of overtime but it is not garuanteed. Which means my income fluctuates from month to month and year to year. I can on occasions double my base income in overtime hours or I can months without and hour of overtime. If I was a person that wanted to game the system I could and do the bare minimum months before court dates because that would reflect in the magistrates projected income but Im not. So Iv have always been hit with the heavier amount which when those months without the overtime are crippling. I believe my daugther should benefit from the hardwork that I put in and I would never want to short change her but these past months have been difficult. I made 126k and pay a base of 739 cs and 369 in arrears every two weeks. On top of that the intercepted my tax refund( which I was planning to use offset mu arrears with) and for two months now have still been taking out the arrears. If the magistrate calculates your responsibility in percentage? Than why are the deductions calculated in hard dollar signs? Deductions should be calculated in the percentage of your gross however periodically you get paid. The worst child support horror stories are from people who have a lost of income through no fault of their own, having to wait months for the family court system to come up with a decision most of the time that is not in their favor, doing it percentage based would eliminate all that strife and agony. It wouldnt make the system perfect but it would make it work a little bit more.
Sorry but I have been reading through some of these posts so i thought i would share a little perspective on the CP. Yes the NCP faces wage, garnishment, loss of license and even incarceration if their support is not paid. This is what the CP faces if support is not paid.
Hungry children
Loss of housing
Wage garnishment from debtors
License suspension because they can’t pay cat insurance do to lack of money that all goes to the children
Sitting in the dark because light bill cannt be paid
The list can go on and on and on
Agreed, my issue is this…its for CHILDREN, Child Support. Not 20yr olds who are doing nothing with their lives, and CS enables them to do nothing. NYS is crazy, 21, is an adult. Period
I agree completely!!!!!!
How about this … having to pay 29% of a made up amount of money. To a CP who makes more than you. Shoving my children into poverty 2 or 3 days a week. Is thay what child support is all about ?
Car repo’d. Had to move into a shit hole apt because i couldnt affford rent on my beautiful home. All to pay a vindictive x who couldnt stand the children having fun with me and didnt want to work more than 16 hours a week to support herself.
This is my whole point, people like my ex have caused the system to be so screwed that people that are hard working decent members hey screwed. I have a very dear friend of mine on the other side of the fence as me and is getting screwed by his ex. It really should be about the children from all angles.
wow….lots on this feed. I was just in court today. haven’t seen my 17 yr old daughter in 3 1/2 years, hand’t seen my now 21 yr old son in 4 years; meanwhile I’ve been paying $775 every 2 weeks in child support. the real kicker, my son wasn’t even living with my ex because he couldn’t stand her BS!!!!! He has been living at a friends house. So now, because my ex hasn’t been supporting our son, he had to take her to court for the support I’ve been paying her and the support magistrate says…I don’t see any reason why you shouldn’t be living with your mother. When my son asked “well isn;t child support supposed to be used to support the child?” Her reply, which floored me when I read the transcripts, “not necessarily.” SAY WHAT!!!!!!! Child support isn’t necessarily supposed to be used to support the child?????
How are these support magistrates allowed to get away with this nonsense is what I wan to know. I’ve tried complaining all the way to Albany to the chief justice in charge of over seeing support magistrates in the state, and yup, you guessed it. I got nowhere!!!!
I was finally able to arrange a settlement with my ex to vacate my current support order or I was going to bring civil action against her for fraud because of my son not living with, At least my son now sees his mother for who she is. My 24 year old is lost in my ex’s deceitful lies about me, and there may be hope for my youngest to know the truth based on what my son has told ,me, but the damage has been done. In part by my ex-wife, and largely in part by a very broken system that for some reason seems unfixable…..
With comments like you made, insensitive ignorant no empathy, I see why you hide with “anonymous” as your id. The laws clearly screw the fathers.
My son recently separated from his wife. The final straw was when he confidently applied for a loan, and it was discovered that his wife had not paid the mortgage and several other monthly commitments. Both the paychecks are deposited into the joint account. Yes I know he should have paid better attention, but as he said to me, I trusted her. His father and I have been married for 45 years and I have always been in charge of paying the bills. Thank God I am an honest person because no matter how many times I tried to get him to get onto our account, he just can’t be bothered. They have an 18 year old and a 20 year old son, both of whom are extremely close to their Dad. When they separated they agreed that the father will continue to pay for his younger sons private schooling, his older sons college tuition ( School of Pharmacy) Both the boys car insurances and both of their cell phone bills. Also he has continued to pay for all the health insurance, including his wife’s He also agreed to give the boys spending money, which he does $100.00 weekly, but has given them larger amounts as needed. Now she has decided that is not enough and he has received court papers for child support. The 21 year old works, and files his own income tax at the end of the year. Will my son still have to give his Mom child support for him? The 18 year old starts college in August, food included, so he will not be living with his Mom during the school year. How does that work? Thanks for any info.
65% Is taken every two weeks sometimes I don’t eat and all kinds of thoughts are going through my head faking my own death suicide I don’t know what to do or where to turn
Reading these stories is so heartbreaking, but myself I see things differently. My daughters father would only give me $200 every 2 weeks okay that’s what you can afford I can’t push anymore. He then went and had 4 more kids with 2 different mothers, he was still stating that he only could afford $200 , okay cool now he’s a plumber and I know they make good money. That being said, throughout the years I found out not only is he grossing $100,000 easy I was taking and compensating more for he’s part, my daughter started college last year, I came to him and talked with him about our daughters education, the first thing he said ” Why is she going to a 4yr college”? (Wow) we meaning my daughter and myself explained to him , why, then I said listen give me some numbers you feel you can work with, the first thing this father said to me ” Take me to court for child support ” now he’s second baby man had him in $50,000 arrears in South Carolina and I was confused about that situation, so now our daughter is 17 at that time , I never took him to court for anything, I felt we had her when we was in love so why put the courts in it, but home boy was so hell bent on going to court, I started the paperwork for court they severed him the papers here he goes OMG I can’t believe you taking me to court for child support Really!!!!!??! So now they did a temporary court order for $269 every 2 weeks and he was truly happy about that not me , why ? Cause the tutition payment was $769 a month and of course I had to put the $269 in and add more, plus pay her phone bill and pay her insurance and give her money since she is going to college 8hrs away from home. Now after all said in done the 1st semester is paid and now we have the second semster term coming up. We go to court I showed the judge my payments on my credit cards that I made towards our daughter tutition, you think this mofo cared whether I was good ?HELL NO!!! , so I showed my paperwork to the judge gave all her college information and well and behold this fool makes the 54% more than me and I’m like damn really , I struggled all this time and you didn’t want to help Me!! Or ur daughter, fucker, fine the judge said calm down please, okay fine I’m cool . The judge asked her father do you have her on ur insurance, he stated No , okay the calculated he’s income and turns out now he gotta 430 every 2 weeks, so the judge asked me if I wanted to start fresh or did I want to start from the beginning, of course I said the beginning, cause the first half of her tutition was 3,382.63 so yeah I want all my money back, Now this simple minded asshole mad cause I told the judge to give my back money. My moral of the story, IF YOU DONT GIVE A FUCK ABOUT MINES, I SURELY AIN’T GONNA GIVE A FUCK ABOUT YOU!!!!
My ex owes me over $33,000 in support. We just went back to court today and he openly lied in court about having a job the last time we were there and nothing is ever done and no he didn’t have a job. I struggle to pay my bills and give my children a good life. He quiets his job and works under the table and there is nothing I can do. I haven’t seen a single dollar in over a year. For the fathers who work and try to pay I feel bad for you. This system only works for a few and it all depends on who you know. He was ordered to pay health insurance and just quit his job never telling me, I only found out when my son was in the ER to have his appendix out that my children no longer had insurance. I was told I had to get insurance on them. He didn’t even have to pay me anything for it. He doesn’t have to pay anything he does t feel like. He does plumping and heating here in NY and makes over $30 an hour and I only get $162 a week for 2 children. The system doesn’t always only work for the parent who has the child. No one can understand why he gets away with this. I can hire a lawyer and have them fight but everyone I go to says I would just be wasting my money. My children have two younger brothers who’s mom receives $150 a week and she was also just in court but they decided my support would be lowered and not hers even though I had filled long before she ever had. I’m at the point I don’t even care anymore. Lost four of work today to sit at the court house to find out he lied about having a job and we would have to come back to court August 18 because he got another job (so he says) and never even went in front of the judge.
OK all you child support payers/receivers, I have a question for you all. Currently I have a friend who is paying $160gs for all of 3 kids. All between the ages of 17-25. One had a DNA testing done and was founded to be the child of theirs. But there is some questioning over the other two being theirs. The court day was missed due to deployment over seas. The court dismissed deployment as an “unacceptable reason” to show up for court. Which me personally I call bs on that but I read the paperwork and it’s there. So my question is what should or can they do to either reduce, change, or stop paying all together. The child that is being paid for is almost 18. I’ve searched up and down, read books, etc to try and get this information for them. Thus leading me here. Personally if they had time to do this search themselves they would. Unfortunately due to the amount they have to work along with the hours of over time just to get by there is little free time. They barley get any sleep and their health is not doing to well considering that they’re almost 50. Also this whole case is based out of New York state, they live in Nevada. Any help that you guys can give me is much appreciated like a link, number, website anything along those lines will help. Oh and don’t get me wrong they’re not trying to avoid paying. We all make choices in life and must live with those choices that we make along with accepting the consequences that come along with them. Still that does not excuse taking responsibility for said choice. Along with that it also is not fair to the said individual that has to pay an unfair child support, like the description above. So any information that you all can give me on all this would help us out a lot.
Thank you,
J.s.
I went through three years of New York taking 85% of my paycheck for support left my current wife and I strapped for bill money as well as everything else. Before this over charge I had owed arrears had an injury that put me out of work so 3.5 years of support that had not been covered by my added up so I get my settlement from ssi and ssd they garnished my settlement for that 3.5 years of support. They still say I owe for that time where did that money go. As they already over charged 2000 in support for my other son and I can’t get that back.
The child support laws are sick and horrible. Nys officials that created these laws don’t care about the children at all which is the reason for child support .. The children is nys reason behind the laws when in fact the laws are created to pull non custodial parents away from there kids leaving the non custodial parent unable to survive and spend quality time with the child or children … These laws are criminal and hurting millions of children daily . there needs to be a serious change when a woman can walk in a court room and give the court any name and by default that name is automatically made to pay support a woman in nys can literally not know who the father is and make up any name and give an address and that person is liable for support … If the person missed the first court date to establish paternity then that person even on the second court date is denied paternity testing wow !!! So nys does not give a fuck about the child at all …that’s just one example. I decided to become an activist in this matter it’s sick and a law that needs to be reformed immediately….
Question:
The NYS Child Support Processing Center declares support can be paid via:
1. Mail in a check.
2. Pay online by credit card: https://www.e-childspay.com
3. Pay online by checking account: https://www.expertpay.com
Both web sites will take your money the same day from your account.
Meaning you have done your part and paid… The money is out of your hands.
Problem #1
The NYS Child Support Processing Center does not have record of you making a payment. Thus your account shows unpaid, even though you did pay.
When you call customer service for the http://www.e-childspay.com , or http://www.expertpay.com
You are informed that their is processing time of xx business days..
However, the money is not in your account.
When you ask why expert pay or e-childs pay is holding the money you are informed they do not hold your money, and that it is immediately forwarded to NY State.
Problem #2
Customer Service for NYS Child Support Processing Center does not know where your payment is.
So.. I contacted:
The New York State Office of Temporary and Disability Assistance
who reside over:
Child Support Enforcement
After speaking with a person who works in the Child Support Office it turns out that they do not know as to where the payment is either. This person informed me that a “supervisor” would be contacting me.
Thus it is very clear,
1. There is no processing department, otherwise the people I spoke with would know of such processing department.
2. The online payment services work flawlessly!
With next to ZERO processing time money was transferred from my Bank to the payment agency.
3. Clearly no one has oversight of this so called “payment processing”.
Which leaves this most appalling question…
What financial institution is generating interest off the funds sent forth for the health and welfare of our children?
If you pay your child support, then that 65% wouldn’t be taken out. And as for not leaving you with money for food…have you considered how the other parent is able to feed the children with no help from you? Because the law states that 65% is only taken out after you are 12 weeks in arrears….thats 12 weeks that your childrens other parent had to worry, fight and possibly look for food pantries to feed the kids. Quit your complaining and start thinking of your children.
MomofAutism,
Most of the problems stem when the NCP cannot pay the court ordered amount due to some sort of life event. In my case I had to pay arrears although I was paying my ordered amount…in full. NYS assumed I was not paying even though I showed them paystubs supporting my claim. I begged and pleaded for assistance from them to get the money…I wasn’t trying to keep it. They forced my employer to garnish my check but couldn’t enforce them to submit the money. So now I have to look like the bad guy? It took a year for my employer to submit the money with no help from NYS. Then on top of that I had overpaid in which I had to wait until my support obligation was complete to get back.
While it is unfortunate to go through this both parties suffer from it. NYS attempts to be impartial but that is just a crock. They benefitted greatly at everyone’s expense. And, as most NCPs can attest, if your wages are garnished for support you assume that your employer is handling that. The funny thing about that is the CS order is supposed to protect the NCP from accumulating arrears. So…I had to endure months of lower wages for something I didn’t do. NYS didn’t provide any help. It wasn’t until I threatened a lawsuit did my employer send the money.
I want to know how come,example my husband has another child with a one night stand before he met me and now we have a child together the court ordered him to pay 185.00 a week for that child mind you his income is about 500 a week . I thought when u have one child with one person it’s 17% now that I have my son which would be his second how come she got an increase from 70 to 185 a week? That’s crazy to me. Is this right ?
The city needs to fight for fathers rights to.
My son is 17 years of age in 3 months he turns 18 but my son’s mother want to apply child support. I’M paying child support in money order without court order. Can I apply for custody for my child even though he’s turning 18 in 3 months.
the world is on fire. Trump has smashed the democratic establishment and the time is now to rise up and pull back the curtain on this farce, this atrocity of justice. we can destroy them for their greed their arrogance and their nazi like tactics..
if not now, never. free men and women fight for a cause greater than themselves so that others may not feel the sting of master’s whip.
100 percent agreed ny state is horrible we need to come together as a society and change this law.my fiancee has two kids who are 19 and 21 who have jobs and live with their mom and the guy who adopted them plus his and her income.also a 15 and 16 year old who live with their mother. My fiance makes 800 a week gross and brings home maybe 100 dollars.and we have two kids together who live with us. His arrear keeps going up even when he pays the amount he is supposed to. Unreal jump on the train and ride it until it crashes.which can’t be soon enough
I agree, I’m legally disabled and can’t work. I depend on this check to pay my bills etc. I had to move to TN w my current wife and son w her and support them both w a disability check, we couldn’t afford NewYork. Since I had a child w my ex-wife in NY, the laws are taken from NY and I’ve appealed numerous times as they’re taken the same support obligation from my disabity check when I was working. My current wife of 15 years cares for me as I have Multiple Sclerosis. Systems horrible!!
I don’t ever do much posting but i feel a bit obligated to share my story. I was in a relationship where the incubater (mother) was a cheater and a lier. i was with this woman for 6 years, during the 5th year we had a little girl. At the end of the relationship she kicked me out (changed the locks on the doors, sold both by cars, put a restraining order against me (fabricated), and then two weeks later put me on child support. All of this was done in 2005. So in 2005, I was 24 years old paying $600 a month. When i walked into the court room, (like most of the non-custodial parent) it was a complete joke… I was to pay them $600 Dollars a month, 80% of the medical and half the child care. so for 4 years i had to indure that. The birth canal then decided it was in the best intrest the child to have her live with her grandmother (while she kept the child support money). for 4 years that went on, while the courts decided to have my daughter live with the grandmother and me still having to pay the same thing and the mother paying $25 a month.SMH!!! She could not handle such a financial burden, so she just decided to file for custody again, and then won… Now im paying $900 a month, plus all the things i have to pay for when she is with me (clothes,food,cheerleading etc). My current relationship i have another daughter where she has to live a less than standard life, because of how much i am paying. The cost of living will always increase but your take home normally doesnt go up in accordance. Long story short most non-custodial parent gets the short end of the stick. There is no way that anyone can survive off what is left in their pocket after CS. I’ve lost jobs, apartments, relationships and my sanity. Just for someone to use my daughter as a cash cow. I’ve read hundreds of these post, and yet nothing changes. No one can find a way so that it’s fair? Why should we have to put up with 21 years of suffering. I’m now 36 years of age, living back at home with my parents. I only see my daughter 48 days out of the year thanks to the courts. but yet ive paid over 105K. Its one thing if your money goes to the child, but its a whole different thing when your money is used hair,nails,cars,and how ever many other kids the woman have. I work to hard for my money to just throw it away. And just on a side note, it takes a lot of money to fight the situation (lawers). Where do they think we can get this money from.
I feel for you bro. I went through the system with a similar story pretty much. Kids are all grown up now, in their late 20s. It got so tiring after so many years of not having the money to pay my own rent and living in my vehicle that doing time was a decent option. A 6 month break from that reality really helps. So I would get out of jail and start the struggle again. And again I would go until I was mentally wasted, then gladly go do the time again. So this went on until they turned 21….. when doing time is a pleasurable option, that’s how you know there is something wrong with the system.
I applaud the fathers that actually pay their child support payments. I am in the middle of a divorce, and my husband has not paid one penny in child support for 7+ months. I’ve taken money out of my 401K plan to pay bills and put food on the table. He gives ‘real men’ a bad name.
You know I get so sick and tired of men (and women) complaining about how the system “rapes” you. The system is there for a reason and wouldn’t be necessary if people took care of their responsibilities! My ex who lives in NY lied and said he lost his job 3 years ago but was trying to find another one. I even went as far as sending him job postings to help him out. After some digging I discovered he’s been working all along and willfully and maliciously attempted to avoid paying support and did so for THREE years. I’m am single-handedly raising 2 disabled children, ages 13 & 6 in NC and we live off of their SSI totaling $1470 a month there is NO subsidy. I’ve had to cut off my cable which includes my telephone to pay for therapies they need. I am a college graduate who’s degree is being wasted because I am an around the clock caregiver and my oldest has learning disabilities where he must be homeschooled. My grocery bill is enormous and well beyond anything food stamps cover. All while this SOB works a City job…in NEW YORK, so yeah back to court I go and I pray they bend him over and strap on the sandpaper d**k with no grease! You can all thank deadbeats like this SOB for the “unfair” treatment you receive by the family court!😡
Evening all I’m a 38 yr old male 14 yr vet and the nycs has screwed me over so bad I barely have any money to live on due to the mother of the children never did a DNA test and the state court magistrate stated that she has every right to deny one and also they are allowing her to claim less than what she’s actually making and they are using my VA pay as a source of income which is a violation of federal lay, but the magistrate stated “we do not have to follow federal law.” I’ve gone to the supervisor and she didn’t want to step into the case on top of that the return letter of complaint was not sent to my address by my soon to be x wife’s address. I have not seen the children since may 2014 because the mother takes them somewhere else. I’m paying 800 on two kids whom I don’t know if their biologically mine, and the mother won’t let them call and constantly talks mad cap about me even though the court knows she’s not following the separation agreement they won’t do anything about it
You “victimized” fathers can thank all the deadbeat dads (and moms) out there who strive to keep from paying child support. Would be no need for child support laws if it were not for the deadbeats who forget they have children. Take it up with them!
My poor husband they take 65% of his paycheck and they keep adding on 9% weekly of Interest how is he ever supposed to make any money and he has a $14,000 credit that they are supposed to give him
And they ignore every time we approach the courts and it’s only because his ex-wife is a cop and he’s not and we can’t afford a lawyer and she can so he’s getting screwed what could be done
Im a mother of 3 with joint custody and about to lose everything from child support even thou the father and i have a legal document that says no child support. I can’t even do anything with my children because of this and will be homeless soon
Try this one for size, I’ve had custody of my kids since 1997, one day i take my kids to visit mom like a good dad right. So next thing i know she attempts to keep them from coming back home to florida with me where they ate enroll in school. Well i took her to court the very next day. The judge order for the children to be returned to me. Well the big problem is that I’ve been child support since 1997 till now and they are garnishing my paycheck and my bank account lol. You think they will return all that money??? Crazy but true story.
Now I’m waiting on a document from family court to send to child support in order to try and “SEE” if they will return the money they just garnished from my bank .
I almost sure they’ll have to return the money or make her do it. Like I said it’s the total deadbeats who make the system for everyone else. Those are the ones you good fathers should be angry with, not the system. Again there wouldn’t be a need for it if ALL fathers (and mothers) did what they’re supposed to do). Good luck!!
If the father of my kids is married and his wife work and he don’t, do his wife haft to pay for his child support , I live in New York State.
I have been enslaved to child support payments for 2 children for 19 years now. Why is every other state 18 years old and New York drags the obligation out to 21 years old. The only one that benefits from this law is the mother and us fathers are treated like criminals.
Robert, they treat anyone “paying” like a damn criminal! Mothers too, and it is down right, borderline, almost illegal to NOT change this law since 1980’s, literally 1980’s. They have had the same Head committee member stop these laws from taking effect, because she is a man hating lesbian. I am a Mother who paid until 21yrs old, just ended & they treated me awful! I am also receiving, so I see BOTH sides of how people are treated. After 18yrs old, you can’t do a damn thing other than pay pay pay until 21. I am taking action to dissolve CS I am receiving as soon as my child turns 18 & graduates this year. As you cannot fight for custody of an “adult”. Yes that’s right, I am a MOTHER who wants to no longer receive CS after 18! Because I sympathize that it is WRONG to 21!
Well considering NYS law violates Federal Law and the fact that the inability to be able to pay for medical insurance was directly the cause of my death in 2014, I think it is time to start sueing the state. My ex wife took a 6 year vacation before the divorce She expected a win fall. Well good luck, I eat one meal a day, because of my death I am filing for disabiliy now. If the state had any intelligence they would allow people to survive. You can not make much money if your disabled and they are a direct cause of it. According to the Constitution Americans have the right to Life, Liberty and the persute of happiness. Well if they expect a child support which my ex said she does not use for him she uses for expenses she would have to pay whether she had him or not. I have to be healthy enough to work, The fact that Family court is in direct violation of the Supreme Court shows that there is no Liberty, the fact that the State of New York is intentionally attempting to Kill me, means they don’t give a damn about my life, and certainly eating only one meal a day clearly shows there is no happiness clearly indicates a violation of the Constitution which New York can not ignore. If you live out of New York they do not even allow you to speak at the hearing, I requested a change in child support however they made the decision without even telling anyone of the date of the hearing. So now I am writting every government official regarding contempt of Supreme Court violations, violation of Constitutional Law and contempt of court. I make $20,000 a year after taxes that is less than $14,000 a year child support is trying to take $1,650 a month that is $19,800 well that is impossible to do. Simple arithmetic shows that. So basically I work for nothing. Oh by the way I only have 1 child…..
Try blaming the deadbeats who “work overtime” trying to NOT pay child support. You know what they say, “one bad apple…”
My ex throw me out of my house and left me homeless I married a girl give her a green card had two children with her was used I work trying to make things meet over time now they garnish most of my check have nowhere to live because I can’t afford rent so I live out of my car so I can eat because I did overtime to make things meet I got punished they include the overtime I did and overtime is not guaranteed
My recommendation to ANYONE on support in New York is to take your driver’s license and LEAVE. I suggest that anyone on suport should leave their state, especially if your ex or the courts give you any problems seeing your children. If the federal government wants to subsidies this shit, let them get off their lazy asses and make us pay for the stealing of our own children. If you have to, I also suggest going homeless while getting federal benefits in your new state and getting subsidized housing. Then, I’d give serious thought to creating a new identity if you can. If you try to work while on support, employers report you to the national directory of new hires and then between taxes and support, they will take up to 83% of your paychecks once they find you.
I want to use a child support trust account that BOTH parents contribute to in order to support the children. My family court judge refused and told me that my voluntarily unemployed ex-wife (NOT) our children deserves that money (referring to child support).
42 US Code 654(21)(a) limits the amount of interest that states may charge on child support arrears to 6-percent, but a significant number of states are either unaware of or deliberately choosing to ignore this federal law by overcharging interest on child support arrears.
States get kickbacks under the Child Support Performance and Incentive Act for increasing the gross amount of child support collected in all circumstances, which helps explain why courts order sole custody with the lower earning parent (usually the mother) and restrict the higher earning parent’s access to their children.
Then there is the Bradley Amendment (42 US Code 666 – somehow appropriate) and the shortsighted and idiotic automated suspension of drivers and professional licenses that makes it harder to work so that you can support yourself and share the responsibility for providing for your children’s needs.
And my family court judge wonders why I have become a political activist who is helping her opponents in judicial elections. I’ll take a chance with the devil that I don’t know instead of continuing to deal with the devil that I do know.
I went to court and at the time was making good money and my son comes first so I paid way over what I needed to then my wife and I got back together and years down the road we called it quits and I go to court only to find out that the order was not stopped and the lady on the bench said I don’t care if you lived in the same house all these years you will pay or go to jail then I was in a bike wreck and out of work for 4 years and the x wife never ask to stop support when she said she would then when I bought up the fact she made more then me and lied to the court she flew off and stopped talking to me so now I owe 130 thousand
I’ve lost everything due to the family courts of NY. Went for a modification and the arrogant judge deducted the wrong figure from the order and I have been being charged since. Went for a modification and the judge never addressed my issue, instead came after me for the 600 dollars that accumulated since I entered for modification. Which is now a judgment against me for $20,000
Have been arrested in court for failure to appear which never happened. The court clerk provided the wrong number to appear electronically to the judge and that was it. Warrant and arrested next appearance. Another time they mailed a court appearance notice the day before court. The judge slandered me in court. All this and she was the cheater who could care less about our children. I’ve never even been asked one time why we seperated. Dont get me started on the shotty unemployment system that turns their back on citizens who have paid taxes for over 20 years, because I didnt make receipts for customers. Why did our parents ever settle in this communist state.