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Denied Adjustment of Support Despite Unemployment

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  • 12-07-2011, 02:39 PM
    roxiekittie
    Denied Adjustment of Support Despite Unemployment
    My question involves child support in the State of: NY

    I am currently paying support, I been paying support for like a year now and never had a problem and never complained, seeing that the father wont even let me see my daughter. I ended up getting fired from my job and i made a modifcation right away like they suggest, but the judge just looked at me bad and told me I still needed to come up with the money, the father didnt even show up to court. The judge told me to come back so I went back a few months later and same thing, the father never showed up again, and I still got slammed! I am also 7 months pregnant and Its been torture trying to get a job so my husbands been paying the amount up until now, now he just lost his job, and now we are on the verge of losing our apartment and my other childern are suffering greatly for this! All I wanted to know was if there was any way around this, all I want is to not have a violation on me until i get a job, you cant get blood out of a rock and I dont know why they cant see that. I tried everything, i made all the modifcations i could, I even talked to my social worker but theres nothing anyone can do! I feel like im going to be sent to jail on something I cant control! When my ex first brought me in for support i wasnt working then either and they were able to hold back the amount until I was. I have no problem paying dont get me wrong, I just have 2 kids and another on the way I need to worry about to and now with neither of us working I dont know if we are even going to hav a roof over our heads for christmas! does this sound right to anyone? I just feel ike im getting screwed here...
  • 12-07-2011, 02:50 PM
    Dogmatique
    Re: I Really Dont Know What to Do Right Now
    When did you last try to modify? If the court feels that you're under-employed, it's not likely that they'll reduce the amount. Your kids don't need to eat less, you know?

    I'm surprised though because NY is generally a lot kinder to the unemployed parents than most States, and will not uncommonly set child support to a minimum (it's either $25 or $50/month, I can't remember off the top of my head) at least in the short term. Apparently the court doesn't think your unemployment was involuntary?
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