Really frustrated

[Serenity2009]

What is the name of your state (only U.S. law)? NY

Just went to court with my ex, he makes 300 a week on unemployment, I received public assistance last month and this month so the DSS lawyer was in my corner, because I was on DSS this month and last month, I was told I have no say in the proceedings. I canceled DSS last week, I told the judge this. I needed help for a short time, 2 months, I have a job, I am NOT one of those people sitting on public assistance collecting welfare. I lost my job sought help to get back on my feet, got a job and I am doing my best.

My ex was laid off in September, they said because I am on DSS and with paying his support obligations he only gets 200 a week they would be reducing his support obligation to $50 a month.

He informed me after court he would be staying on unemployment until his 93 weeks ran out. He has a bachelors degree in political science, over 10 years experience in business management. I understand the economy is slow, I lost my job and found a new one, I did not sit back and relax.

I am off of public assistance, I will hopefully never be on it again, let alone any time soon.

Can I refile next month for a modification due to a change in circumstances?

I understand he has to support him self, he will be moving in with his fiancee next month, will that help or hurt my case? Currently he is living with his parents. Should I just suck it up and except that non custodial parents don't have to help support their children?

I should add, he filed a petition saying I am denying visitations, I never denied visitations, he just never showed up to pick up the children.

 

[Proserpina]

What is the name of your state (only U.S. law)? NY

Just went to court with my ex, he makes 300 a week on unemployment, I received public assistance last month and this month so the DSS lawyer was in my corner, because I was on DSS this month and last month, I was told I have no say in the proceedings. I canceled DSS last week, I told the judge this. I needed help for a short time, 2 months, I have a job, I am NOT one of those people sitting on public assistance collecting welfare. I lost my job sought help to get back on my feet, got a job and I am doing my best.

My ex was laid off in September, they said because I am on DSS and with paying his support obligations he only gets 200 a week they would be reducing his support obligation to $50 a month.

He informed me after court he would be staying on unemployment until his 93 weeks ran out. He has a bachelors degree in political science, over 10 years experience in business management. I understand the economy is slow, I lost my job and found a new one, I did not sit back and relax.

I am off of public assistance, I will hopefully never be on it again, let alone any time soon.

Can I refile next month for a modification due to a change in circumstances?

I understand he has to support him self, he will be moving in with his fiancee next month, will that help or hurt my case? Currently he is living with his parents. Should I just suck it up and except that non custodial parents don't have to help support their children?

I should add, he filed a petition saying I am denying visitations, I never denied visitations, he just never showed up to pick up the children.

He's already on unemployment, and support was modified because of this to $50/month, correct?

So what's the change of circumstance?

 

[Antigone*]

What is the name of your state (only U.S. law)? NY

Just went to court with my ex, he makes 300 a week on unemployment, I received public assistance last month and this month so the DSS lawyer was in my corner, because I was on DSS this month and last month, I was told I have no say in the proceedings. I canceled DSS last week, I told the judge this. I needed help for a short time, 2 months, I have a job, I am NOT one of those people sitting on public assistance collecting welfare. I lost my job sought help to get back on my feet, got a job and I am doing my best.

My ex was laid off in September, they said because I am on DSS and with paying his support obligations he only gets 200 a week they would be reducing his support obligation to $50 a month.

He informed me after court he would be staying on unemployment until his 93 weeks ran out. He has a bachelors degree in political science, over 10 years experience in business management. I understand the economy is slow, I lost my job and found a new one, I did not sit back and relax.

I am off of public assistance, I will hopefully never be on it again, let alone any time soon.

Can I refile next month for a modification due to a change in circumstances?

I understand he has to support him self, he will be moving in with his fiancee next month, will that help or hurt my case? Currently he is living with his parents. Should I just suck it up and except that non custodial parents don't have to help support their children?

I should add, he filed a petition saying I am denying visitations, I never denied visitations, he just never showed up to pick up the children.

Many of us have just had to suck it up. I know it sucks, but that is reality for lots of us.

With regards to the visitations, just make sure you have the chilren available for him to pick up during his parenting time. Make notes of the dates he does not show up. He will need to prove that you have denied his parenting times. Acceptable proof would be a police report stating that the police were called with regard to that matter.

 

[BL]

New York State Child support standards act.

There is a minimum amount order when a person has little or no income .

Just to note: In 1992 or 93 I was working making between 250 - 300 per week and ordered to pay $50.00 per week .

 

[Serenity2009]

I received the judgement yesterday, I was told that I owe him money as he had been overpaying since his unemployment, totaling $900 I am in the process of writing my appeal, trying to figure out exactly what to write.

He lived at home with his parents with no bills until the first of this month when he moved in with his girlfriend, his choice. He showed NO proof of income etc. Just said I get about... so much a week.


Hoping the appeal will at least wipe out what I owe him...

Got the court papers for him saying I violated the court order and refused visitations. Will post in the appropriate section.

 

[Ohiogal]

I received the judgement yesterday, I was told that I owe him money as he had been overpaying since his unemployment, totaling $900 I am in the process of writing my appeal, trying to figure out exactly what to write.

He lived at home with his parents with no bills until the first of this month when he moved in with his girlfriend, his choice. He showed NO proof of income etc. Just said I get about... so much a week.


Hoping the appeal will at least wipe out what I owe him...

Got the court papers for him saying I violated the court order and refused visitations. Will post in the appropriate section.

Upon what mistake of LAW are you appealing?

 

[mistoffolees]

Upon what mistake of LAW are you appealing?

Just to make it clear to OP (OG, you understand this stuff so well, that sometimes you assume that others will, as well):

You can't appeal because you don't like the decision.
You can't appeal because you think the judge made the wrong decision.
You can't appeal because you think the judge didn't listen to you or didn't like your arguments.

You can only appeal if there's an error of law in the decision. That is, if the judge reads and applies the law incorrectly. Judges have an enormous amount of discretion in cases like this and often use it - and that can not be appealed. So, in order to win, you would have to find a law (or case law) that says that the judge is not permitted to make you reimburse CS overpayments. That's not going to happen.

 

[BL]

What If the Parties Disagree with the Support Magistrate's Order?

Both parties have the right to appeal the order by filing an "objection" within 30 days
of the date the order is sent to them. The objection must be filed with the court clerk's office,
with a copy sent to the other party. The other party may send a reply to the court. After review
ing
the case file, a judge then rules on the objection. The judge may leave the order as it is,
change it, or send the case back to the Support Magistrate for further proceedings.
If either party disagrees with the judge's decision, the case may be appealed to a higher court

file an objection or challenge, based on incorrect calculations or mistake of fact.

FYI , In NY ,IF you have been willfully denying visitations , CS obligation can be suspended during denial periods . CS obligations can also be terminated in extreme situations .

 

[Ohiogal]

Just to make it clear to OP (OG, you understand this stuff so well, that sometimes you assume that others will, as well):

You can't appeal because you don't like the decision.
You can't appeal because you think the judge made the wrong decision.
You can't appeal because you think the judge didn't listen to you or didn't like your arguments.

You can only appeal if there's an error of law in the decision. That is, if the judge reads and applies the law incorrectly. Judges have an enormous amount of discretion in cases like this and often use it - and that can not be appealed. So, in order to win, you would have to find a law (or case law) that says that the judge is not permitted to make you reimburse CS overpayments. That's not going to happen.

Sorry I cut straight to the conclusion rather than the preliminary stuff so I appreciate you coming back and explaining. I also assumed she was filing an appeal and NOT an objection which could work differently and deal with a few different things as BL pointed out.

 

[mistoffolees]

Sorry I cut straight to the conclusion rather than the preliminary stuff so I appreciate you coming back and explaining. I also assumed she was filing an appeal and NOT an objection which could work differently and deal with a few different things as BL pointed out.

Right. An objection can be made for much broader reasons than an appeal. It's also much cheaper and easier.

However, the trend seems to be that people never ask their questions here until long after the time for an objection has passed.