Ex-Spouse Is Not Returning Children's Belongings

thanks everyone for the confidence and advice

not true .. i know a mom who gave up custody because she was sick and tired of the battle with her teenage son thinking the grass was greener on his dads side of the fence and they judge didnt order her to pay support. shes low income and he makes more. she wasnt ordered to pay a dime.

her son told the judge he wanted to live with his dad and they granted it .. she wasnt ordered to pay a dime

That's lovely.

im not saying thats what would happen ... im just saying its possible, everyone cant believe my ex wasnt ordered to pay any support up to this point and everything is so unfair and one sided as it is so i guess anythings possible.

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Quoting exstaticx

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im not saying thats what would happen ... im just saying its possible, everyone cant believe my ex wasnt ordered to pay any support up to this point and everything is so unfair and one sided as it is so i guess anythings possible.

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I really don't think you know what happened with your friend's case.

The child's wishes - by themselves - are NOT a reason to change custody in the state of New York. There must have been other factors, and I really doubt you have the facts.

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Quoting exstaticx

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he wouldnt get support off me if he did get custody because he makes more and i have nothing and my health problems would put me out of work before he would ever get a dime from me.

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That's not how things work. New York has a child support formula that it applies in every custody case, and from which a court can only deviate if it finds on the record that the amount derived from the formula is unjust or inappropriate. "I don't make much money" isn't a basis for deviation.

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Quoting exstaticx

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it would be great if the judge would put in an order for the kids to not take things from my home to his and look at it as my ex was violating the order by not supporting them while in his care but i doubt that would happen. they would probably say that whatever i buy the kids is theirs to take where ever they want

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Given that you have assumptions about everything a court will do, and aren't very interested in listening to what others have to say when it differs from your assumptions, I'm not sure why you're here.

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Quoting Dogmatique

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If Dad got full custody, you'd still be ordered to pay child support even if you couldn't work.

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If in fact mom couldn't work due to illness or infirmity, such that she qualified for Social Security disability benefits, her 'child support' would normally be in the form of the children's benefit for having a disabled parent. If you're arguing instead that mom can't waltz into court and declare that the disabilities that have never prevented her from working suddenly do, now that she's expected to pay support, I agree that the court would be very likely to impute income based upon her voluntary reduction in income.

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Quoting exstaticx

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not true .. i know a mom who gave up custody because she was sick and tired of the battle with her teenage son thinking the grass was greener on his dads side of the fence and they judge didnt order her to pay support. shes low income and he makes more. she wasnt ordered to pay a dime.

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The following provision applies until November 15, 2011, at which time the court will have a bit more flexibility:

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Quoting New York Code, Domestic Relations § 240(5)(d)

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Notwithstanding the provisions of paragraph (c) of this subdivision, where the annual amount of the basic child support obligation would reduce the non-custodial parent's income below the poverty income guidelines amount for a single person as reported by the federal department of health and human services, the basic child support obligation shall be twenty-five dollars per month or the difference between the non-custodial parent's income and the self-support reserve, whichever is greater. Notwithstanding the provisions of paragraph (c) of this subdivision, where the annual amount of the basic child support obligation would reduce the non-custodial parent's income below the self-support reserve but not below the poverty income guidelines amount for a single person as reported by the federal department of health and human services, the basic child support obligation shall be fifty dollars per month or the difference between the non-custodial parent's income and the self-support reserve, whichever is greater.

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