Lawyer Advice needed (child support)

[Two Thumbs]

I was hanging with my friend this weekend, and was shocked to hear his Support situation. Please offer any advice if there is any.

He has 2 little girls.

He has them every other week, for the full week, bringing them to school and everything. The clothing they wear, the food they eat, etc. are all exclusive to his house, they don't bring anything from Mom's to wear or / eat or / play with.

Mom is bi-polar and lives with her parents.

Despite equal time with the kids, despite Dad being the better parent and despite Dad living on his own while mom is supported by her parents, New York State forces Dad to pay 25% of his gross pay towards child support, and Mom does not spend a dime of it on sending the kids to Dad's for the weeks.

In my opinion, this is Gender Discrimination.

Women fought for equal rights, under the Law. This doesn't mean that men should in turn be discriminated against in such a way. I'd love to help this dude out.

He's fucked.

There's no such thing as screwing over the father. so unless he wants to pony up a lot of money to get a great lawyer....


Here in PA, I was informed that "I" would have to prove my ex was physically abusing our kids to have a "chance" at custody.

It's screwed up. Someone desided long ago that women are always better at parenting, no matter what the situation is.

Custody battles is a whole nother issue. I'm trying to figure out if any Lawyers can help him with the support situation, because their custody split is 50/50 so it makes no damned sense that he's paying child support to subsidize her 1/2 of the time with them. It doesn't make a lick of logical sense, it is not fair and it's got no basis in reason.

sorry, didn't mean to wander.

He's still screwed.

When it comes to support they count your and her incomes as a total, when you split allomony and CS tend to cause a 50/50 split. Looks like he brought in 25% more than she did. [this is generalised as I don't know his full situation]

The only way he could lower it is by proving hardship. Either he lost his job, lost hours, pay cut, etc. And she would have to agree, or they go back to court. At that time she can demand more, by proving that the cost of having kids has gone up.

he's in a lose-lose situation, unless he can pay for a great lawyer to defend him.

BUT

If he can prove she is not taking her meds. He can get full custody and will be able to drop support payments and possibly collect payments.

[and I got even money that the Browns are winning the Super Bowl]

 

[Midnight Marauder]

I call for a reforming of the system. I will shout it from my telephone pole shortly.

http://www.usmessageboard.com/politics/166782-child-support-as-political-pawn.html

 

[High_Gravity]

I have been paying child support for almost 10 years.

Thankfully my son turns 18 in about seven months.

Every time I turned around she was taking me to court over some nonsense.

I finally learned to bring my own jar of Vaseline so that it wouldn't hurt so much when the judge made his ruling.

Cause I knew that I was going to get F%&$

Thats what alot of men go through and why more and more men are scared of taking the chance of getting married, because the odds are you will have to face the judge and end up in this type of situation.

 

[Midnight Marauder]

Original Rapper:

[ame="http://www.youtube.com/watch?v=U-p0zn3PijY"]YouTube - Jerry Reed -- She Got The Goldmine (I Got The Shaft)[/ame]

 

[NoEconomist]

He's fucked.

There's no such thing as screwing over the father. so unless he wants to pony up a lot of money to get a great lawyer....


Here in PA, I was informed that "I" would have to prove my ex was physically abusing our kids to have a "chance" at custody.

It's screwed up. Someone desided long ago that women are always better at parenting, no matter what the situation is.

Custody battles is a whole nother issue. I'm trying to figure out if any Lawyers can help him with the support situation, because their custody split is 50/50 so it makes no damned sense that he's paying child support to subsidize her 1/2 of the time with them. It doesn't make a lick of logical sense, it is not fair and it's got no basis in reason.

sorry, didn't mean to wander.

He's still screwed.

When it comes to support they count your and her incomes as a total, when you split allomony and CS tend to cause a 50/50 split. Looks like he brought in 25% more than she did. [this is generalised as I don't know his full situation]

The only way he could lower it is by proving hardship. Either he lost his job, lost hours, pay cut, etc. And she would have to agree, or they go back to court. At that time she can demand more, by proving that the cost of having kids has gone up.

he's in a lose-lose situation, unless he can pay for a great lawyer to defend him.

BUT

If he can prove she is not taking her meds. He can get full custody and will be able to drop support payments and possibly collect payments.

[and I got even money that the Browns are winning the Super Bowl]

TTis right here.

He obviously makes more then her and is on the hook financially to help maintain the same "quality of life" across the board. (they can't live in a mansion one week and a hole the next) If she where to make more money he could go back to court and argue a different percentage but its unlikely.

 

[Ravi]

I don't think she's diagnosed bi-polar, and she def. has a job.

I don't see where 25% is fair at all. It's not logical or fair. 0% would be what's fair.

If she isn't bipolar, that is a different story. Very confusing.

How much per month does he pay vs. what she pays?

Why would both be paying? That makes no sense. Only he pays Child Support.

He pays 25% of his Gross pay, weekly. He owns 50% custody and has to buy 100% of their necessities while they're in his posession. It makes no lick of sense for him to pay any support, at all, especially since she has a job and lives with her parents.

This is what I call Gender discrimination, under the Law. This is NYS, btw.

I meant, how much does she pay out of her pocket for their upkeep...food, clothing, shelter, doctor's appointments, etc.

I think he is not telling you the entire story. From what I gather, in NY the parent that makes more money is going to pay the child support. Doesn't matter if the parent is male or female.

Here's a good link.

Get New York Joint Custody Child Support Information Here 24/7

It also seems pretty stupid of him to buy them a whole extra set of clothing. LOL!

 

[High_Gravity]

Why in a divorce does the man have to make sure the ex wife can afford to have the same lifestyle she had when they were married? that makes no ******* sense, child support for an adult.

 

[Midnight Marauder]

This all makes the case for never getting married, s0ns. You're merely signing a contract for lifetime servitude. This is one of the reasons I am for gay marriage - anyone stupid enough to get married deserves what they get. If they're that stupid, more power to them!

 

[Baruch Menachem]

Stories like this make my situation a lot less intolerable.

I feel for you.

 

[California Girl]

It seems to me that any father who has his kids 50% of the time, and accepts the full cost of rearing those children for that period should not be paying child support.

If I was him, I'd find a really shithot lawyer and either get the support stopped or.... go for full custody and force her to pay.

 

[Ravi]

Why in a divorce does the man have to make sure the ex wife can afford to have the same lifestyle she had when they were married? that makes no ******* sense, child support for an adult.

He's not paying alimony. He is paying child support.

And yes it makes sense to provide your children with the same lifestyle they were accustomed to...it isn't their fault your marriage fell apart.

 

[Ravi]

Why in a divorce does the man have to make sure the ex wife can afford to have the same lifestyle she had when they were married? that makes no ******* sense, child support for an adult.

He's not paying alimony. He is paying child support.

And yes it makes sense to provide your children with the same lifestyle they were accustomed to...it isn't their fault your marriage fell apart.

It doesn't make sense that the Father alone bears that responsibility.

It doesn't sound to me that he does. It sounds as if he makes more money and therefore is paying his fair share.

It's pretty hard to comment on this without knowing the exact details of who makes what and how much each spends on the children.

If the situation were reversed and the mother was making more money, she'd be the one paying more.

I'm not sure how it can get any fairer.