CS in NYC: OC’s Request to Modify the Stip

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby lovingfatherof2 » Thu Apr 13, 2017 7:28 pm

What it sounds like is she lost some income and thought that you made more than her now and figured she could get some CS. Come to find out she still makes more and now owes you CS.

Now that is funny.

If it were me I would make sure I got my $25 a month, screw her.
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby Tom Kirkpatrick » Thu Apr 13, 2017 10:07 pm

Me_and_my_boys wrote:.....according to the judge, I am to collect $25 CS per month.
Take the $25/mo CS. Because in NY, he who collects child support is also considered "custodial parent."

Because when push comes to shove, and the two of you can't agree, being custodial parent makes you final decision maker. And this can be critical when it comes to school choice and medical decisions.

Frankly bro. I think that's what OC is pissed about.

Tom
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby Me_and_my_boys » Fri Apr 14, 2017 7:36 am

Thanks for your replies.

Tom Kirkpatrick wrote:being custodial parent makes you final decision maker.


Our agreement supersedes this; my attorney confirmed it.

lovingfatherof2 wrote:If it were me I would make sure I got my $25 a month, screw her.


I'm going to stick to my guns. After all, it was the court's request.
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby Tom Kirkpatrick » Fri Apr 14, 2017 12:28 pm

Me_and_my_boys wrote:Our agreement supersedes this; my attorney confirmed it.
If the day should come where agreement and statute conflict, statute will prevail.

Tom
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby big guy » Fri Apr 14, 2017 1:41 pm

Why in God's name are you dragging your feet over this? You do realize that each and every day that you don't have this settled is where you get to pay more CS and things could stay that way.
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby Me_and_my_boys » Sat Apr 15, 2017 4:51 pm

big guy wrote:Why in God's name are you dragging your feet over this? You do realize that each and every day that you don't have this settled is where you get to pay more CS and things could stay that way.


I've offered to place the funds in a mutually agreed upon 529 plan for the children (once I receive said funds through CS).

What do you suggest?
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby AtticusFinch » Sun Apr 16, 2017 3:11 pm

Me_and_my_boys wrote:
big guy wrote:Why in God's name are you dragging your feet over this? You do realize that each and every day that you don't have this settled is where you get to pay more CS and things could stay that way.


I've offered to place the funds in a mutually agreed upon 529 plan for the children (once I receive said funds through CS).

What do you suggest?


I am also in New York.

I won't address the procedure concerning setting child support amounts because I don't have enough experience with it.

I can weigh in on one thing, however. Strictly a personal opinion, but one I feel strongly about.

Avoid any and all 529 plans like the plague.

Here's a one link, you can research others:

https://www.brooklyndivorceattorneys.co ... -brooklyn/

The key line "Be cautious when it comes to 529 accounts during a divorce."

We retained one 529 account from our marriage and now that it's college time, it's a complete albatross fraught with conflict.

Foolishly, I deposited money into it, not realizing it would be considered the child's assets, and not my own.

Then I had to transfer the money out of it and now I'm just hoping it will count as my money, and not as co-mingled funds.

Basically, these 529 funds are liable to be looked at as the child's assets. So, even though you funded it 100%, there have been court cases where it's credited entirely to the child and not counted as your contribution to college.

I would suggest not even opening such a fund after the divorce is final. In my view, it's not worth the headache.
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby Me_and_my_boys » Mon Apr 17, 2017 5:07 pm

I wasn't aware of the pitfalls of the 529. Thanks, Mr. Finch.

Anyway, the ex isn't going for it. Her attorney sent an email to the court clerk asking to keep the details of our agreement in place (no exchange of CS) due to our now very slight disparity in income. She also suggested a conference....

I'll wait for the court clerk's reply and then act accordingly. But I won't let this go to conference. $25 a month simply is not worth fighting over.
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby astrolink » Mon Apr 17, 2017 6:17 pm

Tell her you will take $1 a month. This will be worth thousands at tax time as you will be custodial parent, thus can claim Head of Household and all the potential benefits that come with it.
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