question About the decision in the modification case.

[Momto1yrold]

What is the name of your state? NY
Ive posted here a few times.
I have a question About the decision in the modification case.
They didnt change the current order but they modified for the 3 months (from time of surgery to time of him going back to doctor Feb 15th to May 22nd). They said he is only responsible for $25 a month support obligation so does that mean just support, is he also liable for the add ons listed in the support order (extras such as % of insurance, % of daycare) or just $25 a month in total no additional expenses??

The way the findings of fact is listed is odd to me, I dont understand some of it. It said he received "$1600 in WC during that time which is below poverty level" (im not sure if the judge was thinking ex only got $1600 for the whole 3 months or what). But ex said his "first check was $1600" not in total. He was getting $400 a week for comp. When he went back in end of April to work he was getting $300 a wk. The $25 a month is not even close to 17% of his pay at $300 a wk. But like I said I am satisfied with decision the judge made.

 

[BL]

I'm not sure what to tell you either . At 1200.00 or more per month , it seems like it wouldn't fall into the poverty level .

At any rate , I thought the minimum went up to $50.00 , but I may be wrong . And If a person is actually ordered to pay the minimum , I doubt He/She would be expected to pay anything beyond that .

Didn't the examiner have ALL the incomes in front of him/her in the file .

You know you have 30 days from entry to file a written line by line objection to the ruling , and it will be reviewed by the Family Court Judge ( not the examiner ).

You should have gotten those instructions with the order in the mail .

 

[Momto1yrold]

I'm not sure what to tell you either . At 1200.00 or more per month , it seems like it wouldn't fall into the poverty level .

At any rate , I thought the minimum went up to $50.00 , but I may be wrong . And If a person is actually ordered to pay the minimum , I doubt He/She would be expected to pay anything beyond that .

Didn't the examiner have ALL the incomes in front of him/her in the file .

You know you have 30 days from entry to file a written line by line objection to the ruling , and it will be reviewed by the Family Court Judge ( not the examiner ).

You should have gotten those instructions with the order in the mail .

The magistrate didnt have any of the WC paperwork just testimony and paystubs from Dec and Jan in front of him but I received 3 payments (once a month and no where near his obligation) from him during that time (so if his monthly check was 1600 that shouldnt fall under poverty level). I truly think the judge made a mistake. I have to call my lawyer on Tues to see what he says. But I do remember him saying if we had to fight the decision it would cost a lot, being we would need the transcripts etc.

I know a guy who makes less than $1200 a month and he is garnished for $80 a wk for 2 children, so my ex is not below poverty level. More and more I think about this I think the judge thinks the $1600 was the whole amount for 3 months which I know is wrong, cause the last month he was working the $300 a wk job (thats $1200). The two months Feb-April he was getting comp and I remember specifically my ex said "first check was $1600" and my lawyer asked did he pay any support with it and my ex said no so that check wasnt garnished. I believe the rest were.

Thank you for the reply I couldnt find the poverty level amount online and I didnt think $1200-$1600 a month was below poverty level.

 

[BL]

Was the Child support hearing heard in Family Court by a hearing examiner ?

If so , as I stated , you ( or your Lawyer ) would have 30 days from the Orders' entry to submit a written line by line objection to the findings of Facts .

That doesn't , or wouldn't cost a fortune .

He should have been required to submit ALL his income , Etc .

How do you know what He earned ?

 

[Gracie3787]

What is the name of your state? NY
Ive posted here a few times.
I have a question About the decision in the modification case.
They didnt change the current order but they modified for the 3 months (from time of surgery to time of him going back to doctor Feb 15th to May 22nd). They said he is only responsible for $25 a month support obligation so does that mean just support, is he also liable for the add ons listed in the support order (extras such as % of insurance, % of daycare) or just $25 a month in total no additional expenses??

The way the findings of fact is listed is odd to me, I dont understand some of it. It said he received "$1600 in WC during that time which is below poverty level" (im not sure if the judge was thinking ex only got $1600 for the whole 3 months or what). But ex said his "first check was $1600" not in total. He was getting $400 a week for comp. When he went back in end of April to work he was getting $300 a wk. The $25 a month is not even close to 17% of his pay at $300 a wk. But like I said I am satisfied with decision the judge made.

If his normal pay is $300 a week, then the $1,600 is probably the total amount of WC that he recieved. WC payments are never more than regular earnings. Usually the WC payments are only 70 % or so of the worker's regular pay.

 

[Momto1yrold]

If his normal pay is $300 a week, then the $1,600 is probably the total amount of WC that he recieved. WC payments are never more than regular earnings. Usually the WC payments are only 70 % or so of the worker's regular pay.

The WC was from his previous job. He quit the $800-900 a wk job. He said in court he couldnt afford to go on comp making $400 a wk. But instead got so bad he quit and couldnt find any other jobs but the one he found was making $300 a wk. Doesnt make sense but since he was injured at the previous job $800-900 a wk he would be entitled to $400 or $405 ( I believe the highest he could get in NY).
Its very complicated and I should have said the otehr facts in my post I apologize.

 

[Momto1yrold]

Was the Child support hearing heard in Family Court by a hearing examiner ?

If so , as I stated , you ( or your Lawyer ) would have 30 days from the Orders' entry to submit a written line by line objection to the findings of Facts .

That doesn't , or wouldn't cost a fortune .

He should have been required to submit ALL his income , Etc .

How do you know what He earned ?

It was heard in front of the support magistrate (who also had finalized our original order in Feb of 2005)
This was his petition for a downward modification. My lawyer said something about needing transcripts if we decided to fight the decision, is there a way to object without needing to get copies of the transcripts. Maybe I can get WC paperwork/information from the support enforcement case worker? Im not sure I will have to call and see. I know that the guy receives that info. Becuase he told me he was sending that company paperwork to get info on how much he was getting from them.

He stated in court he made $1600 for the first check ($400 a wk) and I know he didnt send support from that he said that in court too. Then afterwards I received support from 2 WC checks (one each month). So he received WC benefits after the first check. The month from end of April to end of May he was at the new job $300 a wk, he stated he went back to work in last week fo April.

Judge actually told him in Feb to send the WC paperwork to the court and my lawyer before the April court date but he never did. So I dont think thats fair either.

Thank you for replying. I appreciate it.

 

[BL]

http://www.nycourts.gov/courthelp/faqs/childsupport.html

Q. What can I do if I disagree with the support order?
A. You can file an "Objection." An Objection must be filed in court within 30 days of the date the court order was sent to you. The other parent will have a chance to reply to the Objection. The court will then make a decision on the Objection. The court might leave the order as is, or change it, or order more hearings.



Q. And if I still disagree?
A. Either parent has the right to appeal the Objection decision to a higher court. Talk to a clerk in the Family Court if you wish to do this.

Plus more on the subject .


You do not " need " a transcript . You can get a copy of the record of proceedings , and go by the Order , to Object . You can also visit the records room and review the file . make notes , and request copies . If you're entitled to certain copies , you will receive them .

I have filed such written objections myself , so I've BTDT .