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Anyone with experience with NY State child support increases?

Stepmom_Lori's picture

I’m looking for advice from anyone with experience with CS in NY State or any of the other pro-BM states like NY.
The backstory is that in May of 2013 my DH lost his job. It was a re-org and due to the years of service with the company he received severance pay until September of 2013. After severance stopped he filed for a reduction in CS because he was now only collecting unemployment. His support was reduced by $275 a month and I picked up my SD on my company’s benefits.
My DH was out of work much longer than we anticipated, almost 1 year to be exact, and he ended up cashing out his 401K to continue to pay CS after unemployment ran out.
He ended up getting a good job with NJ State(we live in NJ), although the pay is about 15k less than what he was making prior, but it will balance out in the long run and he will now have a state pension and great benefits.
After he got his new job, he did notify the CS agency since they automatically take the CS from his check. He also inquired about getting the CS increased again but got virtually nowhere. They seemed confused that a NCP and not a CP.
He finally told the BM that she was welcome to file to for an increase in CS again, but asked that she wait until his 60 day probationary period was over so he was certain that his position was permanent.
Fast forward to last week, when he gets a letter from the NY courts stating that BM has filed for an increase based on his new job. The kicker is that she is asking for the increase to be retroactive to the date of employment, which is now 1 year!
My question is, is that even possible? I thought that increases normally only go back to the date of filing. If this is granted this will put him 1 year in arrears for whatever the increase may be. We just cannot afford a lawyer for this and DH can’t take a day off to travel to Long Island so he’s requesting to do it remotely via phone. He works in the Trenton/Hamilton area of NJ which is about 3-4 hours distance to where he would need to be in NY. The court date is 5/4.

So do you think she will get the retro CS and should he take a day off to travel to NY for this?

I know NYS sucks when it comes to this stuff but he did everything by the book, it’s not like he was hiding the new job…

Comments

Stepmom_Lori's picture

yeah, that's what I'm hoping. I'd expect it to g back to date of filing but not retro for a full year. She could have filed sooner if she thought she was owed an increase and not wait a full year and ask for it all then.

AllySkoo's picture

All I can say is that she *should* just get retro to date of filing (so make sure you put that aside)... but judges sometimes do whatever the hell they want. In my state, CS is until the child is 18 or finishes high school, but MUST stop at age 19 even if they are still in school. (This is to prevent a BM from holding a child back a year or two to get an additional year's support.) My oldest SD didn't finish HS until she was 19. On her 19th birthday, DH (with a damn lawyer) went to get CS reduced. The judge decided it would be lowered on the date of her graduation from HS. Which is fucking illegal, but he did it anyway. Since it was "only" about 4 months worth of support, it would have cost more to fight it, so we didn't. Guess my state is pretty "pro-BM" too!

NoWireCoatHangarsEVER's picture

Here in Florida, my coworker got zinged for retro from date of promotion not date that she filed. But this is Florida

DaizyDuke's picture

I believe she can only get from the date of filing.

From NYS Domestic Relations Law 240:

(j) The order shall be effective as of the date of the application therefor, and any retroactive amount of child support due shall be support arrears/past due support and shall, except as provided for herein, be paid in one lump sum or periodic sums, as the court shall direct, taking into account any amount of temporary support which has been paid. In addition, such retroactive child support shall be enforceable in any manner provided by law including, but not limited to, an execution for support enforcement pursuant to subdivision (b) of section fifty-two hundred forty-one of the civil practice law and rules. When a child receiving support is a public assistance recipient, or the order of support is being enforced or is to be enforced pursuant to section one hundred eleven-g of the social services law, the court shall establish the amount of retroactive child support and notify the parties that such amount shall be enforced by the support collection unit pursuant to an execution for support enforcement as provided for in subdivision (b) of section fifty-two hundred forty-one of the civil practice law and rules, or in such periodic payments as would have been authorized had such an execution been issued. In such case, the courts shall not direct the schedule of repayment of retroactive support. Where such direction is for child support and paternity has been established by a voluntary acknowledgement of paternity as defined in section forty-one hundred thirty-five-b of the public health law, the court shall inquire of the parties whether the acknowledgement has been duly filed, and unless satisfied that it has been so filed shall require the clerk of the court to file such acknowledgement with the appropriate registrar within five business days. Such direction may be made in the final judgment in such action or proceeding, or by one or more orders from time to time before or subsequent to final judgment, or by both such order or orders and the final judgment. Such direction may be made notwithstanding that the court for any reason whatsoever, other than lack of jurisdiction, refuses to grant the relief requested in the action or proceeding. Any order or judgment made as in this section provided may combine in one lump sum any amount payable to the custodial parent under this section with any amount payable to such parent under section two hundred thirty-six of this article. Upon the application of either parent, or of any other person or party having the care, custody and control of such child pursuant to such judgment or order, after such notice to the other party, parties or persons having such care, custody and control and given in such manner as the court shall direct, the court may annul or modify any such direction, whether made by order or final judgment, or in case no such direction shall have been made in the final judgment may, with respect to any judgment of annulment or declaring the nullity of a void marriage rendered on or after September first, nineteen hundred forty, or any judgment of separation or divorce whenever rendered, amend the judgment by inserting such direction. Subject to the provisions of section two hundred forty-four of this article, no such modification or annulment shall reduce or annul arrears accrued prior to the making of such application unless the defaulting party shows good cause for failure to make application for relief from the judgment or order directing such payment prior to the accrual of such arrears. Such modification may increase such child support nunc pro tunc as of the date of application based on newly discovered evidence.

Considering Cohabitation's picture

What kills me is if DH loses his job and then gets another one at a lower salary (let's say from $100k to.$80k). CS will not be reduced in Massachusetts because he is CAPABLE of making $100k.

I believe that CS is important and that the laws are there for a reason but Massachusetts is particularly tough on fathers when it comes to CS.