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.

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

Unread postby Me_and_my_boys » Sat Mar 18, 2017 7:03 am

Background: We signed off on the agreement back in August. 50/50 custody. No exchange of CS. However, I’m still paying $500 CS per month as per a temp order established prior to the agreement. The CS agency will not stop collecting until they’re provided with the stamped decree. This takes up to nine months in NYC (ETA is May).

My attorney forwarded an email to me yesterday. OC claims to have received a call from the judge’s office: “They want us to do a mod to the stip to provide that one party will pay the other the minimal child support in the amount of $25.00 per month so that they are not signing off on a complete waiver of child support.”

OC has requested my 2016 W2’s/returns and promises to provide the same for STBX. She has also offered to prepare the modification. I believe STBX still earns more than I do and stands to pay the $25, but that’s not relevant. I’m concerned that this is an attempt to keep the temp order in place or otherwise manipulate the stip. I’m going to ask my attorney to confirm the request with the judge’s office. Does this request make any sense?
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby Tom Kirkpatrick » Sat Mar 18, 2017 1:04 pm

BEWARE!! OC's claim stinks to high heaven!!

Me_and_my_boys wrote:OC claims to have received a call from the judge’s office: “They want us to do a modification to the stipulation to provide that one party will pay the other the minimal child support in the amount of $25.00 per month so that they are not signing off on a complete waiver of child support.”
The parties stipulated and signed on the dotted line. The judge signed it off. It's a done deal. The stipulation is in your case file. And after 7 months, the judge wants to change it?? Bullsh1t!!

BTW - You need to make a trip to the court clerks office and get a complete copy of your case file. Make sure everything's there, especially that stipulation.

Here's the deal: It's very unusual for a judge to call one attorney but not the other. For that matter, it's highly improbable that the judge would call at all. This is a very big red flag, Bro.

Moreover, if what OC says is true, then your attorney should've received the same call.....and not just a "courtesy call" either, but an official summons, like a bona-fide appearance in judge's chambers.

Bottom line: There's no reason to modify the stipulation. It's a done deal. Stick to your guns.

Q: What does your attorney have to say about this??

Me_and_my_boys wrote:OC.....has also offered to prepare the modification.
Another red flag. Be wary of OC writing anything, much less a modification to the stipulation. Be on your guard!! You must never trust OC for anything.

Me_and_my_boys wrote:.....ETA is May.....
Two months to go. No worries, right??

BTW - NJ should owe you some retroactive CS monies.

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

Unread postby Me_and_my_boys » Sun Mar 19, 2017 8:40 am

Thanks, Tom. I appreciate the feedback.

I've instructed my attorney to get written confirmation from the court that this is in fact their request. I wrote the email myself and sent it to him. That's the only way I'm going to move forward with this.
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby Tom Kirkpatrick » Sun Mar 19, 2017 11:39 am

Me_and_my_boys wrote:I've instructed my attorney to get written confirmation from the court.....
It's a done deal, Bro. Unless you agree to modify, the stipulation will stand as is.

Q: Have you got a certified true copy of that stipulation?? You need to know what it says, verbatim.

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

Unread postby Me_and_my_boys » Wed Mar 29, 2017 9:27 pm

My lawyer had a conference call with OC and the judge's court attorney and confirmed that the court has in fact requested a modification in the stipulation so that the higher earning parent pays at least $25 a month CS. I've asked him to explain what the reasoning is behind this. All he's said is that the judge will not consent to a zero order.

I'm going to request STBX's W-2's before handing over mine. She's been the higher earner throughout the marriage, but I have a feeling she and OC are cooking up something. I don't care about the $25, but I am wondering if this request can be used to somehow kick the can down the road.

The stip has not yet been signed by the judge.I'm still paying CS based upon a temp order. Once I have the signed settlement in hand that will end. STBX has reason to prolong the process, but I don't think she really has the funds to do so. Unless the Captain is starting to kick in....
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby RockyCali » Thu Mar 30, 2017 2:06 am

My lawyer had a conference call with OC and the judge's court attorney and confirmed that the court has in fact requested a modification in the stipulation so that the higher earning parent pays at least $25 a month CS. I've asked him to explain what the reasoning is behind this. All he's said is that the judge will not consent to a zero order.

I'm not a legal beagle, but this makes sense to me. I had a buddy here in CA who had 50/50 and very similar professional income as his ex, and I think theirs was $5 or $10 a month, for pretty much the same reason.

I'm going to request STBX's W-2's before handing over mine. She's been the higher earner throughout the marriage, but I have a feeling she and OC are cooking up something. I don't care about the $25, but I am wondering if this request can be used to somehow kick the can down the road.

First, don't hand over the W2's without a court order, like from a judge or a discovery request between attorneys.
Second, don't delay or fail to hand over the W2's if there is a court order, or if there is active discovery.

In other words, you shouldn't base your compliance at all on what STBX does.

Again, not a legal expert, but I don't perceive the $25 payment as a stall tactic. Perhaps someone familiar with NY family law could chime in, but (see my story attached to the first quote/clip above).
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby lovingfatherof2 » Thu Mar 30, 2017 5:55 am

If she is the higher earner and you are doing 50/50 parenting time that means SHE should be paying you CS. But I don't know how NY does it, in some states parenting time is meaningless in the calculation of CS, maybe NY is like that. Which begs the question, who is CS for in those states? Obviously not the kids.

If its a time share state I would see about having your attorney file a motion for CS to be paid to you based on the state guidelines. But you can only do that if its a time share state.

In my state both parties can agree to no CS by opting out of FOC and can even put in their court order that there will be no CS, judge will sign it no problem. However if at a later date one of the parents wants CS calculated and paid through the state they can file a motion asking for it and it WILL be granted by the judge. The idea is both parents are financially responsible for the kids and the state guidelines makes it happen. So the judges make the obvious choice, state guidelines.
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby MacGyver- » Fri Mar 31, 2017 12:27 pm

lovingfatherof2 wrote:But I don't know how NY does it, in some states parenting time is meaningless in the calculation of CS, maybe NY is like that. Which begs the question, who is CS for in those states? Obviously not the kids.


In NY parenting time does not matter.

Only CP or NCP for purposes of CS calculation.
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby Me_and_my_boys » Sat Apr 01, 2017 12:28 pm

MacGyver- wrote:Only CP or NCP for purposes of CS calculation.


Yes, and in 50/50 situations, the higher earner is considered NCP. This explains why the judge has expressed the modification stating that the higher earner pay the other parent $25 monthly. I'm waiting to receive STBX's W-2, then I'll exchange accordingly, wait for OC's draft of the modification and hunt for the Easter eggs....
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby Me_and_my_boys » Thu Apr 13, 2017 7:18 pm

We exchanged W-2’s and the ex’s income is 20k less than last year. However, I still earn a few hundred less than her, so, according to the judge, I am to collect $25 CS per month.

OC asked if the ex can put the funds into a “custodial account that can then be used for children’s college expenses down the road.” I had my attorney request that the CS simply be paid through the local agency.

OC’s angry reply was that this “wasn’t the deal,” they’re not agreeing to anything, and they’re going to impute my income because I can be earning a lot more (nevermind the ex’s sudden drastic drop in wages).

The ex has already defaulted on our agreement (as yet unstamped by the judge) and I’m quite certain she won’t be depositing any funds into any custodial account.

The whole thing – $300 per year – is laughable. I’m sure OC is just rattling her sabre, but she’d also love to milk this for a few more months.

Should I agree to the “custodial account?” Are there any provisions I can request to ensure that the funds will actually be deposited?
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