Just a question??

[Rushia]

NY

My X has 4 children. 1 daughter from before our marriage, 2 with me, and a new son with his current SO. There is a support order for his eldest, I believe that it is in the amount of 35.00 per week. In our divorce decree, he was ordered to pay me 50.00 per month. The mother of the new child is collecting some kind of state aid, I know for sure that one is WIC and the other is Medicaid. The mother of child #4 just received a questionaire concerning the father. After she put in a call they discovered that the state is going to go after the dad for this money. They believed since they were living together that there would be no support ordered.

My questions are these:
1: Will the previous orders be taken into consideration when they order this support for child #4? Will the other mom and I be put on hold for him to pay back the state first?

2: Since my order is not thru the CSU yet, will it even be considered at all?

Thanks for any insight...

 

[Rushia]

Any ideas, anyone???

 

[ENASNI]

Hi!

Any ideas, anyone???

I have no Ideas, hon... and no clue about child support, but I will bump you up so the people who do will see your post!
Happy Friday..

 

[djohnson]

If it's not ordered how is it you are getting c/s? Any previous orders will take precedence but if yours isn't court ordered you will lose out. There is max that can be taken out of a person's check. It doesn't matter if they are living together, if they try to get state aid, the state , and most tax payers, don't want to take no more responsibility than they have to when there is a father there that should be. That is pretty standard. Where you stand depends on what you actually have legally.

 

[Rushia]

If it's not ordered how is it you are getting c/s? Any previous orders will take precedence but if yours isn't court ordered you will lose out. There is max that can be taken out of a person's check. It doesn't matter if they are living together, if they try to get state aid, the state , and most tax payers, don't want to take no more responsibility than they have to when there is a father there that should be. That is pretty standard. Where you stand depends on what you actually have legally.

My X was ordered to pay me 50 per month in our divorce decree. I have yet to see a dime. So it was legally ordered, but does not go thru child support unit. In NY, they try to see if dad will pay on his own first (at least in my experience with it). To my knowledge, other mom's order is first, I only have divorce decree, and now state wants it's money for child #4. I understand that the state is going to go for the money (trust me, I LMAO when he told me about it, I was waiting for it to happen). The problem is that there really isn't all that much money in his paycheck, he barely works. This is what I don't understand. Is the state going to put us on hold until he pays them back? Or is he going to get an even lower amount than I got to pay for child #4.

 

[djohnson]

Any existing order will stand. The newer the order the lower the amount usually. I would go ahead and file for contempt and start getting it taken out of his check so you don't lose nothing. If he can't pay it now, he definitely won't then.

 

[itsacatsworld]

Id like to know on what planet are judges ordering these sums for CS? Please tell us and be truthful. What state would be helpful too.

 

[Rushia]

Any existing order will stand. The newer the order the lower the amount usually. I would go ahead and file for contempt and start getting it taken out of his check so you don't lose nothing. If he can't pay it now, he definitely won't then.

One of the reasons I haven't bothered with contempt is because it will be a waste of my time. I'm kind of friends with the first mom, I see that kid more than my X does. She drags him in for contempt every other month. He almost went to jail a couple of months ago. X will just hop job and get in arrears, pay a little off to stay out of trouble, etc etc. Another reason is that I'm hoping to use this as leverage to get him to TPR and allow my hubby to adopt (try for an open adoption anyway). I will never see anything out of him. I really don't need the money (wow 50.00 per month), but it's the principle of matter. They are his kids too and me and my DH shouldn't have to foot the entire bill.

 

[Rushia]

Id like to know on what planet are judges ordering these sums for CS? Please tell us and be truthful. What state would be helpful too.

Huh? I already stated that I was in NY. In NY the average amount is 17% for 1 child and amount increases with each child. I was ordered the 50.00 per month as he wasn't working the time of our divorce and he already had a standing order for support to another child. In NY, the lowest amount that can be ordered is 25.00 per child. Please read my original post to see all the amounts that have been ordered so far.

 

[ENASNI]

Psssttt

Rushia-----> over here----->(methinks we have a troll... one that can't spell...)

 

[seniorjudge]

NY

My X has 4 children. 1 daughter from before our marriage, 2 with me, and a new son with his current SO. There is a support order for his eldest, I believe that it is in the amount of 35.00 per week. In our divorce decree, he was ordered to pay me 50.00 per month. The mother of the new child is collecting some kind of state aid, I know for sure that one is WIC and the other is Medicaid. The mother of child #4 just received a questionaire concerning the father. After she put in a call they discovered that the state is going to go after the dad for this money. They believed since they were living together that there would be no support ordered.

My questions are these:
1: Will the previous orders be taken into consideration when they order this support for child #4? Will the other mom and I be put on hold for him to pay back the state first?

2: Since my order is not thru the CSU yet, will it even be considered at all?

Thanks for any insight...

You really should ask the CSU lawyers about this; you have something more complicated than you realize.

I wish I knew the answers, but I do not.

Post back with the answers....

 

[Rushia]

Rushia-----> over here----->(methinks we have a troll... one that can't spell...)

Forget the spelling, what about can't read? The very first thing in the beginning says NY. I also clearly spelled out what I last knew the other mom was awarded along with myself. Why on God's green earth would I lie about 50.00 per month? Whoopee. What am I gonna do with that?

 

[KAMIAKI1]

The state usually won't take the money until you allow them to or until he is current with the child support obligation. That is how my case is in my state. Do you not have a separate order for just the child support? You make it sound like it is only listed in the divorce decree.
If you want to collect from him, why don't you go thru your local Support Enforcement office? They can TRY and collect it for you as you probably know. Just curious!

 

[Rushia]

You really should ask the CSU lawyers about this; you have something more complicated than you realize.

I wish I knew the answers, but I do not.

Post back with the answers....

Thank you, Your Honor. (Not flirting Mom, really! Judgy is all yours) I kinda figured that this was gonna get complicated. I just wondered if anyone knew or would have gone thru this too. I just don't want to waste my time on money or court when he'll never pay. I also weigh the option because eventually he will end up in jail and what good would that do our children (he does visit with them faithfully) Hopefully, he'll just TPR in July when we would qualify for the stepparent adoption and then we wouldn't have to worry about the support anymore. If he decides not to TPR, you bet my rear will be in court too. I'm tired of trying to be nice.

 

[Rushia]

The state usually won't take the money until you allow them to or until he is current with the child support obligation. That is how my case is in my state. Do you not have a separate order for just the child support? You make it sound like it is only listed in the divorce decree.
If you want to collect from him, why don't you go thru your local Support Enforcement office? They can TRY and collect it for you as you probably know. Just curious!

Thanks. It is only listed in the divorce decree. See my answer to senior judge as to why I haven't bothered with court.