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  1. #1

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    In The Rears Nyc Child Support?

    Jurisdiction / State: New York

    My husband, has a 11 year old daughter from a relationship that never was. Since the child was born, he has been giving the mother of his daughter money without any court order or child support legalilities. This woman, throughout this whole time has since bought a car w/ the money my husband has been giving her, she has put the child through private school and has basically spoiled her to pieces on top of that. Mind you, the mother could not possibly afford all these luxuries on her salary alone.

    Since I have come into the picture and the mother has found out, she has put my husband through a nasty court issue of child support. He went to court last year, and was order to initially pay $80 a week, which was agreed by him and the judge, which was garnished from his pay for child support. After another court issue that was mailed, suddenly without notice, an additional 40 was garnished from his wages per week. So now a total of $120 a week is being garnished from his paycheck. He called the mainline for the court for his case, and they then stated that this additional money is for in the rears payments.



    Meanwhile, since he didnt keep a record of all his past pymts and checks he has no proof. He didnt get any help over the phone from the court system, he was treated rudely and all these reps over the phone as well in the court seem to be so sided towards the mother. When he went back to court he contested to why the payments were so high, being that it is hard for him to live off of the remaining, $150 he ends up making per week after all taxes and medical deductions. And on top of all this money he is dishing out, he doesnt even have the right to see his daughter. The mother will not let him see her and she demands money from him all the time. Now the court says, in order for him to see his daugter, he has to file a seperate claim with child custody. Which is a seperate division from child support. Why on earth do well interested fathers have to go through this, and wait additional months for those issues to go through the court's motions of visitation rights WHEN THEY ARE PAYING FOR KIDS THEY ARE NOT SEEING? HOW DO THE COURTS KNOW WHERE THIS CHILD SUPPORT MONEY IS GOING? IT MIGHT JUST BE GOING IN THE MOTHER'S POCKET, PROVIDING HER WITH ADDITIONAL INCOME, HOW DO FATHERS KNOW WHAT THEIR MONEY IS EXACTLY DOING FOR THEIR CHILD, THERE IS NO PROOF!!! My fear and question is can we take her to court, to decrease these payments? In addition, my fear is when we have a child, how are we supposed to support our child when most of my husband's pay is going to a child he nevers sees, and basically is an absentee father to.

    PLEASE HELP.....

    AND FOR ALL THE OTHE INDIVIDUALS EXPERIENCING THESE ISSUES, PLEASE CONTRIBUTE AND SHARE YOU SITUATION AND WHAT YOU ARE DOING TO CORRECT THESE PROBLEMS!!

    M....

  2. thelawprofessor's Avatar
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    I agree with you... life is unfair. People get greedy and don't act morally. It is a problem. Unfortunately the court cannot straighten out people's morality and they must simply apply the law with regard to the facts set out before them.

    The issues you state should be raised in court and on the record. With regard to past payment, he can allege the payments and should specify exactly what was paid to the mother. This is a very difficult issue and I sympathize... there should be some type of enforcement and if the mother continues to play the game then your husband should have the court cite the mother for contempt.
    Forum posts are not legal advice, are for educational purposes only & are not substitutes for proper consultation with legal counsel.

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  3. #3

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    C. S.

    By all means, go back to court! But child support and custody/visitation are two completely separate divisions. I had went through that with my husband's ex-wife for 9 years. Good luck.
    Last edited by Paulilpn59; 06-17-2003 at 08:08 PM.

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