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NCPhelp

Member
What is the name of your state? Lovely New York state.

I have posted here several times before for advice. My husband has a son from a previous relationship who is 20 years old. He graduated from high school last year in June 2005. He is working full time, but still living at home with mom.

Husband's support was just modified for the COLA increase and was increased $7.00 per week.

Today we received a huge pack of papers from the Family Court summoning to court on October 17th. She is going for an increase and health insurance coverage.

We don't know what to do. His support for this child will stop permanantly in 10 months from now when he turns 21. Why is she taking him back to court now? Because she is greedy that is why.

What are our options, she is also requesting we cover him under insurance, however, we cannot cover him either because he is no longer in school. The support order states the mother is supposed to cover him under her insurance and us reimburse her. Well when he graduated from high school that stopped.

She states in this petition he needs new glasses and needs dental work. Well Hell, so do we but we can't afford it. So we just go without. My kids have not had their teeth cleaned in over a year, because we cannot afford it.

We have not heard from the mother in over a year and now she hits us with this with less than a year left to pay support.

NOw we need to hire a lawyer to see what we can do.

Help, anyone out ther have any suggestions for us. WE are so tired of this game, it has been 20 year so hell dealing with this woman, and we have had enough.

Do you think a judge really would modify the support for 10 months to go, and also the insurance policy is going to have to be paid by both parents, not just my husband, and in 10 months it will be stopped. No insurance will cover kids once they finish high school and he is not going on in college, he is working full time but he is living at home, for 2 years he did not live with his mother and him and his girlfriend recently broke up and he just moved back with his mother a few months ago.

Please help.What is the name of your state?
 


topsidder

Member
Something does not sound right here.

A few questions:

1.. Who petitioned the court for a modification? The State agency or "mom" privately?

2. When was the last modification, and who petitioned for it?

3. Are you familiar with the NY laws on what is required to be granted a modification?

What I can tell you, is that in GA, requests for reviews/modifications are not considered once the child is within 1 year of emancipation. Therefor, if this child emancipates in 10 months, to late.

Because child support has basically been "streamlined" basics are the same state to state. Sounds like it is mom trying to get a a few more bucks before the well goes dry.

Before really giving any advice, need to know the answers to the above questions.
 

Shay-Pari'e

Senior Member
How can you afford an attorney and not get your kids teeth cleaned? That is neglect lady.

My question: You mentioned COLA. Is your hubby military
?
 

NCPhelp

Member
reply to topsidder

Answers to your questions:

1. The last modification was in 2003 when the COLA was done. Cost of Living Allowance. And in NY each party gets sent paperwork and they tell you what the custodial parent would be entitled to for the COLA, then only one of the parties has to send it back and the COLA will be done. In 2003 his payment was increased. Every 3 years their docket is usually up for a COLA.

We have not heard from the mom since June of 2005 when she sent us a whole mess of bills $350 worth for his graduation expenses, class ring, senior pictures, etc. We paid them because back in 2002 when my husband went to a higher paying job, we agreed with her to help out with extra expenses that were not part of the usual support in exchange of her not taking him back to court for the increase. We have paid everything she has asked. When we got this letter in 2005 it said final bills for xxxx. So we thought that would be it.

Does this answer some questions.

Oh and I am not neglecting my own kids. They are taken care of. Thanks you very much.
 

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