Out of control child support

[mrrippey]

What is the name of your state? NY

I have been paying my outrageous child support ($2400/mth) for 4 years now. This was the agreed upon price in 2000 (when the economy was way better than it is now). I have two sons. I just got some kind of document from the court stating that the cost of living has increased and want to raise my child support 10%. Furthermore it says that I have to add them to my medical.

My ex is a doctor, she makes more than I do (110K+ vs 96K) and is covering them under her medical. Last time I tried to get this order modified, I wound up in jail for two days for showing up late. Am I just having bad luck here or does this sound terribly off to anyone?

Rippey

 

[gml659]

This seems WAY WAY too much. Especially since she makes so much. I would appeal this. You spent two days in jail for being late......seems fishy to me.

 

[mrrippey]

Everyone is telling me (non-lawyers) that since I make so much, that is the amount I am supposed to pay and since I agreed to it in 2000, they won't modify the order (or it is VERY hard to modify that order). I thought child support was calculated up to 80K combined income. All the times I have gone to court, they NEVER have asked her for her income, only mine and base everything on that. That being said, I have been shot down each time.

I am going to ask for a modification to the support order again and see what happens. Can I not ask the court what she is doing with all this money. She did buy a new BMW convertible (on top of the Lexus truck I left her).

Rippey

 

[stealth2]

In NYS, the guidelines go up to the 80k combined income threshhold. Over 80k, it is at the judge's discretion how to use the excess in calculating child support. Obviously, the two of you well exceed 80k. And since you apparently reached an agreement to pay the amount you do, the lawyers are right - you're going to have a devil of a time getting it modified. Also, you don't get to simply file for a modification every time you feel like it. Generally, there has to be a significant change in circumstance (i.e. around a 15% change in income) or a period of time has passed since the last modification attempt (usually 2-3 years). If you keep filing for it constantly, you may find yourself facing sanctions from the court for wasting their time and/or harassment charges from your ex.

 

[mrrippey]

Stealth2,

Thanks for your reply. I have not done anything in about 2 years (the jail incident) which amounted to nothing. Since then, my pay has decreased substantially then gone up again (but 25% less than when the order was put in place 125K vs 96K). I had a job making 50K and they didnt drop the payments at all. I then got my current job (after getting layed off from the 50K job approx 2 years ago) and well I can pay my bills alittle better bit my payments did not drop one cent.

I will try to say since I am making less (and her more) they should if anything recalulate it and explain why they are calculating over the 80K (my lawyer buddy said if I ask, they have to explain in detail why they are making the exception).

 

[stealth2]

That's not what I was told by a family law attorney when I was getting divorced in NY. It is at the judge's discretion.

 

[LdiJ]

Stealth2,

Thanks for your reply. I have not done anything in about 2 years (the jail incident) which amounted to nothing. Since then, my pay has decreased substantially then gone up again (but 25% less than when the order was put in place 125K vs 96K). I had a job making 50K and they didnt drop the payments at all. I then got my current job (after getting layed off from the 50K job approx 2 years ago) and well I can pay my bills alittle better bit my payments did not drop one cent.

I will try to say since I am making less (and her more) they should if anything recalulate it and explain why they are calculating over the 80K (my lawyer buddy said if I ask, they have to explain in detail why they are making the exception).

Here is a link to an online child support calculator for NY. Maybe you could run the numbers there to get an idea of whether or not a decrease is realistic.

 

[Gracie3787]

What is the name of your state? NY

I just got some kind of document from the court stating that the cost of living has increased and want to raise my child support 10%. Furthermore it says that I have to add them to my medical. Rippey

I realize that NY laws may be different, but it seems to me that the court wanting to increase support and add medical is, in and of itself, a Modification of an existing order. If that is true then you should have the right to have the modification (that they asked for) based on your income as it it now. You might want to confer with an attorney to see if it is that way,

If I'm wrong about this I'd appreciate another poster correcting me, because this OP has sure had the same kind of treatment my husband has had, and needs all the correcy info he can get.