Any lawyers here, child support question and the unfair nature thereof
07-13-2009 | 02:52 PM
#11
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Originally Posted by sdg1871' post='941255' date='Jul 13 2009, 03:35 PM
I've never seen a single other lawyer at the NY area meets I've attended. Plenty of folks in IT, though.
Yeah, us GEEKS, LOVE the iDrive (mainly because we revel in the thought of having cars that others struggle to figure out, kinda why we're geeks)P.S. to the OP, sorry for the thread jack
07-13-2009 | 03:33 PM
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Originally Posted by sdg1871' post='941231' date='Jul 13 2009, 06:13 PM
I am sorry to hear of your plight. I am a commercial/corporate litigator and have no experience in domestic relations other than a very broad general understanding of the area, which is not enough to practice in it.
What state do you live in? I may be able to refer to someone who actually practices domestic relations in your state. You need the advice of an expert.
That being said, your ex's changed financial circumstances might be relevant to alimony (which is for your ex-wife's support but was not awarded) but probably not relevant toward your child support obligation. Child support is intende for the child's upkeep and your ex's new husband, absent him adopting your child, has no obigation to contribute toward your child's support. The theory behind this is that if you and your ex were still together, you'd be contributing to your child's support.
My gut tells me that you are unlikely to prevail (sorry bro) but you need to consult a specialist in the field.
Best,
Scott
What state do you live in? I may be able to refer to someone who actually practices domestic relations in your state. You need the advice of an expert.
That being said, your ex's changed financial circumstances might be relevant to alimony (which is for your ex-wife's support but was not awarded) but probably not relevant toward your child support obligation. Child support is intende for the child's upkeep and your ex's new husband, absent him adopting your child, has no obigation to contribute toward your child's support. The theory behind this is that if you and your ex were still together, you'd be contributing to your child's support.
My gut tells me that you are unlikely to prevail (sorry bro) but you need to consult a specialist in the field.
Best,
Scott
07-13-2009 | 03:44 PM
#13
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Originally Posted by sdg1871' post='941231' date='Jul 13 2009, 03:13 PM
I am sorry to hear of your plight. I am a commercial/corporate litigator and have no experience in domestic relations other than a very broad general understanding of the area, which is not enough to practice in it.
What state do you live in? I may be able to refer to someone who actually practices domestic relations in your state. You need the advice of an expert.
That being said, your ex's changed financial circumstances might be relevant to alimony (which is for your ex-wife's support but was not awarded) but probably not relevant toward your child support obligation. Child support is intende for the child's upkeep and your ex's new husband, absent him adopting your child, has no obigation to contribute toward your child's support. The theory behind this is that if you and your ex were still together, you'd be contributing to your child's support.
My gut tells me that you are unlikely to prevail (sorry bro) but you need to consult a specialist in the field.
Best,
Scott
What state do you live in? I may be able to refer to someone who actually practices domestic relations in your state. You need the advice of an expert.
That being said, your ex's changed financial circumstances might be relevant to alimony (which is for your ex-wife's support but was not awarded) but probably not relevant toward your child support obligation. Child support is intende for the child's upkeep and your ex's new husband, absent him adopting your child, has no obigation to contribute toward your child's support. The theory behind this is that if you and your ex were still together, you'd be contributing to your child's support.
My gut tells me that you are unlikely to prevail (sorry bro) but you need to consult a specialist in the field.
Best,
Scott
My recommendations is to consult with legal counsel licensed to practice, and is specialized in family law, in the State of NY to find out your options. Most attorneys - especially in this economy - would probably provide free initial consultations to discuss what options you have available to you.
Good luck!
07-13-2009 | 04:37 PM
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Originally Posted by CWS530' post='941229' date='Jul 13 2009, 05:08 PM
I see you're on here Scott--viewing this thread--right now. If you respond with the "I'm not a child support/divorce lawyer, therefore I can't help" bit, you will be able to hear me screaming all the way to NY. Where's Craig?
07-13-2009 | 05:36 PM
#15
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Going through a massive custody/support fight myself for the last 2 years and I can tell you that NYS has very straightforward support laws. 17% of the first 80k from the non-custodial parent, no questions asked. Anything beyond that 80k is at the judge's discretion. All said and done, and I know how much it sucks to be making the car payment (I'm paying for the car and rent myself) you will not do any better. As for the thread hijack, I'm in IT too. ;-)
07-13-2009 | 05:44 PM
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I live in PA. I understand that his income doesn't matter but my wifes can't either. We both have households that make a very nice living, equal time with kid, equal expenses.....there's no reason for me to have to pay her. I hate this so much. Nobody asked but the reason for the devorce was HER infidelity....argh! I don't understand how the new husband could even accept it quite frankly. All doesn't make sense. If she were single and needed the money for my daughter to live better OK but I highly doubt a 5,000 sq ft house is living poorly. This just pisses me off!
07-13-2009 | 05:48 PM
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Originally Posted by sy1616' post='941379' date='Jul 13 2009, 09:44 PM
I live in PA. I understand that his income doesn't matter but my wifes can't either. We both have households that make a very nice living, equal time with kid, equal expenses.....there's no reason for me to have to pay her. I hate this so much. Nobody asked but the reason for the devorce was HER infidelity....argh! I don't understand how the new husband could even accept it quite frankly. All doesn't make sense. If she were single and needed the money for my daughter to live better OK but I highly doubt a 5,000 sq ft house is living poorly. This just pisses me off!
You definitely should consult with a specialist in domestic relations. What part of Pa do you live in? Philly? Pittsburgh? If I know, I can ask around for someone who is good in the area.
07-13-2009 | 08:03 PM
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Originally Posted by sdg1871' post='941255' date='Jul 13 2009, 05:35 PM
I've never seen a single other lawyer at the NY area meets I've attended. Plenty of folks in IT, though.
07-13-2009 | 08:14 PM
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Originally Posted by CWS530' post='941463' date='Jul 14 2009, 12:03 AM
So, who's at the meets, like 30 people out of 30,000? There might not be any druids at the NY meets either, but they might exist...on the forum! Now help this guy already.
I did. I told the OP that I did not think that he had a case but that: (1) he should contact a specialist in Pa domestic relations law; and (2) that if he give me an idea of where he lives, I will help him find a domestic relations lawyer in Pa. I'm going away to Spain on Wednesday but if I can get where the OP lives, I can probably help him find someone tomorrow.
To the extent that there are lawyers on E60.net, I only have seen one or two others.
07-13-2009 | 08:16 PM
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Originally Posted by sdg1871' post='941472' date='Jul 13 2009, 11:14 PM
Calvin:
I did. I told the OP that I did not think that he had a case but that: (1) he should contact a specialist in Pa domestic relations law; and (2) that if he give me an idea of where he lives, I will help him find a domestic relations lawyer in Pa. I'm going away to Spain on Wednesday but if I can get where the OP lives, I can probably help him find someone tomorrow.
To the extent that there are lawyers on E60.net, I only have seen one or two others.
I did. I told the OP that I did not think that he had a case but that: (1) he should contact a specialist in Pa domestic relations law; and (2) that if he give me an idea of where he lives, I will help him find a domestic relations lawyer in Pa. I'm going away to Spain on Wednesday but if I can get where the OP lives, I can probably help him find someone tomorrow.
To the extent that there are lawyers on E60.net, I only have seen one or two others.
Que disfrute!