Can Child Support Guildlines Be Changed?

[SM5NY]

What is the name of your state? NY
My husband has custody of his daughter in NY. He just went to court the get his ex wife to start paying child support. He ended up getting a temp order in the mean time because his ex is going to contest paying child support.
I already know that in the state of NY it's state guildlines of 17% of your income for one child.
My question is can she ( his ex) contest and get lower then 17%??
I mean if that state law and she can get lower then 17%, why even have a guildlines.

 

[Smarty Panties]

Highly doubtful but the guidelines do allow for judges to deviate from them under extraordinary circumstances.

 

[SM5NY]

Thanks for the infor Smarty. I don't think there's any extraordinary circumstances in this case, she just doesn't want to pay. "but then again who ever does". It's more less just a case where she "the ex" is pissed that she is being taken to court for child support and is now prolonging the case by fighting what I would think would be a losing battle with as tough as this state is.

 

[topsidder]

If you get a judge to deviate for special circumstances, PLEASE LET US KNOW. It is extremly rare for judge's to deviate. HOWEVER, with more and ore father's receiving custody, apparently judge's have started recognizing these circumstances (LOL).

 

[SM5NY]

Yeah I'd let you know but like I said I doubt lower then 17% will occur. NY tends to be the same with father's receiving support as mother's. Plus this case has been going on for a while cause the mother was not responding and sending the court her pay stub and tax forms. So the judge finally awarded a temp order of $400 per month based on her rank in the military and gave her another chance to reply. Of course once she saw money was bieng taken out of her check... then she reply. Now she is contesting which is what lead me to my question regarding the "lower then 17% which is State Guildlines. As far as I know the only other way for her to get lower then 17% is if the two parties involved agree on a different amount. Not don't get me wrong we are not out to break this women, she just need to contribute to her daughters up bring financailly and start living up to her responsibilities all the way around. It's a case of a female deadbeat... believe it or not they are out there! This women has another child from her current marriage and since has frogotten about her first child??? She has not called since Dec 03. She has never sent a Christmas present this year and it's August. And today it's her daughters 5th birthday and no call, no gift, not even a card or FREE e-card!
I don't understand how a women could be like that. Aren't we suppose to be caring, supportive and take care of our children??

 

[SM5NY]

Yeah I'd let you know but like I said I doubt lower then 17% will occur. NY tends to be the same with father's receiving support as mother's. Plus this case has been going on for a while cause the mother was not responding and sending the court her pay stub and tax forms. So the judge finally awarded a temp order of $400 per month based on her rank in the military and gave her another chance to reply. Of course once she saw money was bieng taken out of her check... then she reply. Now she is contesting which is what lead me to my question regarding the "lower then 17% which is State Guildlines. As far as I know the only other way for her to get lower then 17% is if the two parties involved agree on a different amount. Not don't get me wrong we are not out to break this women, she just need to contribute to her daughters up bring financailly and start living up to her responsibilities all the way around. It's a case of a female deadbeat... believe it or not they are out there! This women has another child from her current marriage and since has frogotten about her first child??? She has not called since Dec 03. She has never sent a Christmas present this year and it's August. And today it's her daughters 5th birthday and no call, no gift, not even a card or FREE e-card!
I don't understand how a women could be like that. Aren't we suppose to be caring, supportive and take care of our children??

Some make me understand!!!!!!!

 

[SM5NY]

Someone, please make me understand!

Kids are just kids, it's up to the people that love them to protect and take care of them... mom dad, step-parents, grandparents.... whoever it may be!

 

[VeronicaGia]

What is the name of your state? NY
My husband has custody of his daughter in NY. He just went to court the get his ex wife to start paying child support. He ended up getting a temp order in the mean time because his ex is going to contest paying child support.
I already know that in the state of NY it's state guildlines of 17% of your income for one child.
My question is can she ( his ex) contest and get lower then 17%??
I mean if that state law and she can get lower then 17%, why even have a guildlines.

Just keep in mind that support will be ordered from the date of filing. She can keep fighting it as long as she wants; her arrears will just keep adding up.

 

[SM5NY]

Thanks a bunch, it just get hard to believe at times ( as we all know )!

 

[SM5NY]

WOW, we finally got our judgement and YES in the state of good old NY they can give lower the 17% (state guildline) in child support. My husband when got child support for his daughter dead beat mother who has not had any physical contact with the child since Nov 2001. The mother contested paying child support and the juge granted her to only pay half of her obligation and it states cause her husband doesn't work and she has another child to support.
Can we get that one modified if we do not agree with this????? PLEASE HELP
* Where is the justice*

 

[Smarty Panties]

I don't understand them even considering her husbands unemployment. I do understand them considering another child to support. Is there a child support order for the other child?

 

[SM5NY]

Nope, there is absolutely no other child support order for and other children. The only other child is the one she with her husband now. She gave an electronic testomy and cried about her money trouble, how she owed on a car she recked, how she owes 10,000 to her parents, how the has a phone bill for $1,100, and about her slacker husband and their child. It even states in the judgement that... about "her financials) the $10,000 and car deal. The phone is not mentioned but husband and other child are. IT AMAZING! According to her pay 17% whould be $404.00 per month, but because of the above mentioned it's $225.00.
I have no clue how this could be.
Do you think we could take it to court again for not agree with the jugement, and get a lawyer if need be.
It seems to me that we are paying for her other child and lazy husband but taking the cut.

 

[VeronicaGia]

If I read this right, you married this guy after he had this child so you knew what you were getting into. Aren't you a step parent. Reality Check....Kids cost money. Suck it up and help take care of the child. Sounds like too much fighting over money. Spend your time, energy and money on the kid. If what you say is true and the mother isn't around, now is the perfect time to make a HUGE difference in the kids life. Get your priorities straight and loose the greed!

Oh brother! SHE is not legally liable to support this child, the parents are. Would you be saying this if mom had custody and dad whined about how little money he has and didn't want to pay guideline support? No, and it is also unlikely a judge would let dad off the hook like this.

As a step-parent, she is a legal stranger to the child. She has no rights and no obligations to the child.

 

[nextwife]

That's bullcrap! Biomom chose to have another bchild. Remember what they say "If you can't afford to support the one you already have, you shouldn't have more".

They would NEVER allow an able bodied man to get away with less than guideline CS because he had another child with someone else and his wife was not working! How sexist!

 

[stealth2]

If she is a legal stranger to the child and has no obligation, why does she have her big fat nose stuck in the middle of it. She needs to butt out!!!

Most likely, she is asking for Dad 'cause she's home and he isn't. It happens. Lighten up.

But obviously you don't have you prioritites in order either.

WTF are you talking about?