During a pre-trial conference my attorney and I offered my wife a settlement offer, part of which her attorney agreed to (850.00/month child support). I just wanted her to go away, get a quick divorce and move on with my life/kids. At that time I could afford that, however, I have lapsed due to other costs pertaining to the kids that I am paying for (I pay for their tuition at a catholic school, my daughters out of pocket medical expenses have gone up, and transportation costs), lawyer costs, and a slight change in my income. More so- I have the kids a majority of the time-more sleepovers and many more days due to work schedule.
New York statute states that in joint legal/physical custody with equal placement, the court will name the parent with more income when no parent has the children a "majority" of the time the non-custodial parent for child support. We have been "litigating" since March 2010, legally separated in May 2009.
Clearly, however, I have had the children a majority of the time for greater than the last year. More overnights by only 4 or 5, but many/many more days/ holidays/ vacations, as I only work 2.5 days a week. I also pay for nearly all their cloths, all meds, school, sports, travel etc. I take them to all appts and she in the last two years has only been to 2 parent teacher meetings. I feel she "baby-sits" them on her days and honestly is not involve much in parenting. Even "female" issues my daughters come to me for help/advice. She is a wasteful spender and says she has no money for basics for the kids. Not even lunches for school. But has a lot of bells and wistles in her home.
My attorney has not/can/will not really tell me what the judge will rule. I may end up getting child support, she may get child support. What amt would be determined by sub Para f in CSSA? However, our legal separation stated that we both wavered child support (at the time she was the moneyed spouse and that has since changed.) But stated that the judge leaned in our favor, but could in fact overturn it based on the exact amount we both earned being off slightly for her income (48,000 when she made 46,000 and I estimated my salary at 70,000 for the next year, although for that year I only made 38,000). She last year made 58,000 and I made 73,000. Other than that the required information in the legal separation was complete. And the technicality actually favors her, not me as it shows my calculated child support amount higher than it should have been.
1. I don't have any other statute that I can find other than Eberhardt - Davis v Davis which is similar to my situation. Does anyone know of any other?
2. 4700.00 later and 7 court pretrial meetings later and no light in the tunnel...I don't feel I am getting the answers from my attorney that I need, but maybe it's because this is an unusual case, she doesn't want full custody, just child support. I've contemplated letting my attorney go. The attorney that did my separation, by the way, does not do contested divorce anymore, but I did talk to him last week and he said, no way-you should not have to pay child support d/t the agreement and unless there is a temp court order you shouldn't. Additionally, said the agreement is fine and should not be reversed based on the discrepancy and said he would be happy to appear for me if needed.
3. I was told to pay 850 a month which I did starting in April thru October, although unable last two months. Can I request that the judge change/or stop this at the next pre-trial conference. My attorney told me I should do my best to pay until the trial (maybe in 4-6 months at best) But honestly, with support really the only question here, is there not a way to squash the nonsense, or do I really have to keep going back and forth.
4. Furthermore, when I made the offer, I thought it was an all or nothing, I included tax implications and how to pay off one remaining shared marital debt. The attorneys meet with the judge in closed chambers. I was under the impression initially to make the payments in good faith, because the whole thing would be over in one or maybe two more meetings. I found out online that there is a temporary order, but signed or received nothing from/for the court.
New York statute states that in joint legal/physical custody with equal placement, the court will name the parent with more income when no parent has the children a "majority" of the time the non-custodial parent for child support. We have been "litigating" since March 2010, legally separated in May 2009.
Clearly, however, I have had the children a majority of the time for greater than the last year. More overnights by only 4 or 5, but many/many more days/ holidays/ vacations, as I only work 2.5 days a week. I also pay for nearly all their cloths, all meds, school, sports, travel etc. I take them to all appts and she in the last two years has only been to 2 parent teacher meetings. I feel she "baby-sits" them on her days and honestly is not involve much in parenting. Even "female" issues my daughters come to me for help/advice. She is a wasteful spender and says she has no money for basics for the kids. Not even lunches for school. But has a lot of bells and wistles in her home.
My attorney has not/can/will not really tell me what the judge will rule. I may end up getting child support, she may get child support. What amt would be determined by sub Para f in CSSA? However, our legal separation stated that we both wavered child support (at the time she was the moneyed spouse and that has since changed.) But stated that the judge leaned in our favor, but could in fact overturn it based on the exact amount we both earned being off slightly for her income (48,000 when she made 46,000 and I estimated my salary at 70,000 for the next year, although for that year I only made 38,000). She last year made 58,000 and I made 73,000. Other than that the required information in the legal separation was complete. And the technicality actually favors her, not me as it shows my calculated child support amount higher than it should have been.
1. I don't have any other statute that I can find other than Eberhardt - Davis v Davis which is similar to my situation. Does anyone know of any other?
2. 4700.00 later and 7 court pretrial meetings later and no light in the tunnel...I don't feel I am getting the answers from my attorney that I need, but maybe it's because this is an unusual case, she doesn't want full custody, just child support. I've contemplated letting my attorney go. The attorney that did my separation, by the way, does not do contested divorce anymore, but I did talk to him last week and he said, no way-you should not have to pay child support d/t the agreement and unless there is a temp court order you shouldn't. Additionally, said the agreement is fine and should not be reversed based on the discrepancy and said he would be happy to appear for me if needed.
3. I was told to pay 850 a month which I did starting in April thru October, although unable last two months. Can I request that the judge change/or stop this at the next pre-trial conference. My attorney told me I should do my best to pay until the trial (maybe in 4-6 months at best) But honestly, with support really the only question here, is there not a way to squash the nonsense, or do I really have to keep going back and forth.
4. Furthermore, when I made the offer, I thought it was an all or nothing, I included tax implications and how to pay off one remaining shared marital debt. The attorneys meet with the judge in closed chambers. I was under the impression initially to make the payments in good faith, because the whole thing would be over in one or maybe two more meetings. I found out online that there is a temporary order, but signed or received nothing from/for the court.
