CS Up/Mod..legit change of circumstance??

[momov3grlz69]

Thank you for all your help.

 

[Smarty Panties]

After 6 yrs of no modifications, you don't need to show a change in circumstances to file for a mod. You can normally ask for a review every 3 yrs.

 

[seniorjudge]

I already know it is 25% for 2 children...I just wanted to make sure my ducks are in a row as to the exact "change of circumstances" or if I need more "amo" as I am going Pro Se....I've had more luck that way in the past....Thanks

I really want you to win.

I have exceptionally low tolerance for deadbeat dads OR moms!

In any event, if you present this as a strictly financial problem which needs to be solved rather than a ****ing contest trying to prove ex-hubby as a bad guy, you will go a lot further.

One of the reasons most judges want to get off the family law rotation is because it is mentally exhausting listening to people use the court system all day long to run down their ex-spouses.

So, the more professional and dispassionate you are (along with lots of documentation: prepare a set for you, the court, and ex-hubby) the better off you will be.

Keep us posted.

 

[momov3grlz69]

We had the prelim hearing last week and now we need to exchange as well as present financial stmts to the court. How do I handle this one:...my current husband makes a very good income. I am stay at home mom w/ no income and ex makes more than when original stip of stlmt was made. My current hubby realizes the courts need to see that we (I) can maintain a decent hosehold, etc...but current hubby doesn't want ex-hubby to see his financials..essentially it really isn't any of "his" business.... I mean, even though current hubby has "bore the burden of the ex's short changed CS"....it really is not the current hubby's responsblty (he has our own 1yr old to feed, clothe, etc..) So how do I handle this one?? (PS: My stay at home status has always been the case...even when married to ex.)

 

[seniorjudge]

I know absolutely nothing about New York law.

Sorry I cannot help you.

 

[momov3grlz69]

Thank you for your prior insight. Are you a judge, or former judge??? Just curious. If so...thank you for all that you do for those of us in need.

 

[LdiJ]

We had the prelim hearing last week and now we need to exchange as well as present financial stmts to the court. How do I handle this one:...my current husband makes a very good income. I am stay at home mom w/ no income and ex makes more than when original stip of stlmt was made. My current hubby realizes the courts need to see that we (I) can maintain a decent hosehold, etc...but current hubby doesn't want ex-hubby to see his financials..essentially it really isn't any of "his" business.... I mean, even though current hubby has "bore the burden of the ex's short changed CS"....it really is not the current hubby's responsblty (he has our own 1yr old to feed, clothe, etc..) So how do I handle this one?? (PS: My stay at home status has always been the case...even when married to ex.)

You may want to consult with an attorney but I don't believe that you need to include your husband's info...you simply need to state that you are a stay at home mom with no income of your own, and that you have always been so, and ask the judge to "impute" wages for you of whatever you believe you could earn if you worked full time.

 

[momov3grlz69]

Thanks to all who replied!!
And good luck to all of you researching!!
I'll keep you all posted on the outcome!

 

[stepmom65]

My 2 cents: Here in California, when an income and expense declaration is done, both parties have to list the incomes of everyone in the household.
My husband had to do this when the X took him back for a modification. They did not use my income in anyway to figure the CS $$, only his income. Even, though I'm not responsible for supporting the children financially, he still legally has to state all incomes in the household...

Maybe one of the "seasoned" members would know if this is the case in New York as well.

 

[momov3grlz69]

I already know I have to show the courts my husband's income to show that we can maintain a sufficient homefor my children...however, my husband really doesn't want the ex to see how much he makes for a living. I don't know how to exchange doc's without being in contempt of what the court wants..... I was told by the judge to exchange financials with ex by Feb 7th...Wondering if we can put a blanket "$100,00+" on the financial affidavit just to show it is over the max combined $80,000 cap. How do I show the court the docs that we DON'T want the ex to see??