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modify child visit/support

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i need advise

Junior Member
What is the name of your state?What is the name of your state? New York.
I have a judgement for divorce that I am not happy with. My children are living far less then they where when we lived home. We had a seperation agreement and that when on for almost two years. When we go to court for final divorce. Judge lowered the support. SO, now kids are living way lower then they are used to. Husband doesnt see kids on scheduled visitation times, he pays always late just days but always late. I made 3000.00 less last year. Are these good enough reason to ask for more money in support and to change visitation days?
 


heartbrokenmom2

Junior Member
This Is It!

The law states that you can only AMEND or petition to amend an order of support if there is a SIGNIFICANT change in circumstances, the type of life the kids are used to living, against WHAT THEY NEED TO LIVE are two totally different needs, your ex must have proven that he cannot afford to pay what you want he is only required by law to pay 17% of the COMBINED SALARIES, so if you make 100.00 and he makes 100.00 all he has to pay is 17% of that in total, if you have huge electricity bills, or the kids are accustomed ot dinner out every nite, then truly knock it off, times change, salaries change, and JUDGES CHANGE so what one judge sees fit now may change in two years, and you can ony IN NY amend an order of child support every 24 months so you are stuck with what you got for 2 yrs like it or not!

I know it sucks but you know hwat they say the law is NEVER on the victims side!
 

casa

Senior Member
heartbrokenmom2 said:
The law states that you can only AMEND or petition to amend an order of support if there is a SIGNIFICANT change in circumstances, the type of life the kids are used to living, against WHAT THEY NEED TO LIVE are two totally different needs, your ex must have proven that he cannot afford to pay what you want he is only required by law to pay 17% of the COMBINED SALARIES, so if you make 100.00 and he makes 100.00 all he has to pay is 17% of that in total, if you have huge electricity bills, or the kids are accustomed ot dinner out every nite, then truly knock it off, times change, salaries change, and JUDGES CHANGE so what one judge sees fit now may change in two years, and you can ony IN NY amend an order of child support every 24 months so you are stuck with what you got for 2 yrs like it or not!

I know it sucks but you know hwat they say the law is NEVER on the victims side!

Reality Check! There is NO 'victim' in the OPs story. The OP is complaining that the life they are 'accustomed' to has changed since the divorce decree- Which is completely normal...afterall prior to the divorce they were a 2 income family in one household- now they are 1 income per household. Welcome to Real Life. What children (or in this case the parent :rolleyes: ) wants is not the same as what the child (or in this case the parent) needs.

And, I'm sorry but complaining about support being DAYS late? :rolleyes: That's got to be a joke, right? :eek: Many people go years before they see support (if ever). I suppose OP has never, ever paid any of HER bills a matter of days late......? :rolleyes:

Child support isn't so the NCP supports the child and other parent...it's so the NCP pays a PORTION of the child's support- and the CP must do the same. A judge has already ruled in OPs case as to what a fair % of support is to be for the child.

OP: Get a grip and do what you need to do to take care of your children. Life won't be the same- you are a single parent now...you are one income now...Your child will be fine. All their clothes don't have to be name brand, All the meals don't have to be cuisine, Your residence doesn't have to be a big home- Kids will care about if you love them, support them, feed them and house them....Period.
 

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