Page 1 of 1

Struggling to make ends meet

Unread postPosted: Tue Apr 12, 2005 11:23 am
by dadsdivorce
I live in NYS and have 2 boys who live with their mother. We have been divorced for 10 yrs. I have always paid 25% after FICA per the separation agreement. I gave my ex the house we bought using my parents generous 8k downpayment. She went to family court about 5 yrs ago because I was a few days late with support. I have been paying (wage garnishment) $390 biweekly. That amount was based on a year where I had a lot of overtime, 8K, and my salary has decreased over the last few yrs due to cutbacks, loss of OT etc.

I have been overpaying ($25 bi-weekly) for the past 21/2 yrs and tried to get a downward reduction.The judge would not allow it stating it wasn't enough of a change. My ex even felt bad for me. I pay rent, have bills to pay that make that $50-60 a month difficult to live without. The sad part about this whole ordeal is both my kids work and pay for their own haircuts, and clothes, etc. They seem to spend money like water and I live like a pauper. I have no money left after expenses, and believe me, I don't buy anything I don't absolutely need. I wish there was someway I could get the funds redirected to the kids, especially with college time approaching. The oldest son is 18, and the younger son 16+. I don't know how other father's manage. Thank you for the advice.

Unread postPosted: Tue Apr 12, 2005 11:24 am
by dadsdivorce
I cannot answer your question specifically to the laws of New York as I am not licensed to practice law in that State. Some jurisdictions, such as Missouri have specific statutes that allow a parent paying child support to file a motion with the court to redirect the child support to the child when the child turns eighteen years old. This motion is usually only successful if the child is attending college (or other post-secondary educational institution) and not residing with the parent receiving support. Check with a local attorney to see if NY allows the support to be directed toward the child(ren).

With regard to the previous Motion to Modify child support, most jurisdictions require a substantial and continuing change in the new child support before they will modify. However, if the parties agree to a modification, the court will enter the new order. If you ex-wife did feel sorry for your situation, she could have agreed to the modification.