How to Reduce Support and Have it Paid Outside of Court

My question involves child support in the State of: ny

Dear All,

I am the non custodial parent ordered to pay around $1000 a month for one child beginning 01 June; (permanent order made last week Feb 10).
arrears are $1,400 payable to CSU

Me and the mother have made an agreement that I pay her $500 a month and I pay also the arrears. we both want to keep this off the court.

Please I am asking all of you, how can we do this:
- do we need a court date to terminate support?
- has the mother (custodial parent) go to court and file for a dismissal? or can the non custodial parent file the petition?

Please reply.
Today I asked the Manhatan family court and they said that both of us can file, then I called the hotline help and they told me that only the
custodial father has to file, then my lawyer said she can just send a letter in.

Its so confusing. I need this to be done asap.

Your advice will be of great importance.

Thank you so much

God bless.

Has she received public assistance?

On what basis do you intend to argue that the outcome dictated by the child support formula is unjust or inappropriate, per Family Court Act, Sec. 413(1)(g)?

she s not in public assistance.

please I need an answer to my question asap.

Thank you

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Quoting panama25

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she s not in public assistance.

please I need an answer to my question asap.

Thank you

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We don't understand what you are attempting to do or why, therefore you aren't going to get an answer asap.

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Quoting Mr. Knowitall

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On what basis do you intend to argue that the outcome dictated by the child support formula is unjust or inappropriate, per Family Court Act, Sec. 413(1)(g)?

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If the answer is "Nothing", as seems to be the case from your failure to answer, you're going to have a problem. Talk to your lawyer.

where do you get that the judgment is inappropriate?

the post is about something else: my question is HOW TO DISMISS A CHILD SUPPORT ORDER?

It is a bad idea for both parties to have payment or custoday deals outside of court. Court orders are designed to protect both parties.

As the non-custodial parent, it is in your best interest to be sure there is a record of all payments. If you have a side deal, the other parent can claim they never got payments and you would have to produce receipts.

Panama, how is it in your child's best interest to dismiss the child support order? If you can prove that to the courts you might have something...

me and the mother want to take the case off the court: did you get that??

its a simple question to ask,

im not asking if its a bad idea, good, why....I want to know how to do that, ok?

thanks!!

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Quoting panama25

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me and the mother want to take the case off the court: did you get that??

its a simple question to ask,

im not asking if its a bad idea, good, why....I want to know how to do that, ok?

thanks!!

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Don't start getting uppity with the very kind people who've responded so far.

If you don't understand WHY the questions are being asked, then you'll need help somewhere else. Because the question of WHY is actually relevant.

if you don't understand an English written question, maybe YOU should go somewhere else.

Because people come here looking for answers.

Lida, we understood the question just fine. Law isn't black and white, and sometimes you have to have answers to other questions before we can give a definitive answer.

Now, if he can answer my question regarding HOW it would be in his child's best interest, we can continue this conversation.

For someone who has been here for such a short period of time, perhaps you shouldn't try to dictate who may and may not post. (that was just a suggestion though.)

If you already have an order in place it will be nearly impossible to find a judge that will allow you to pay "outside of court".

If you want the amount of support to be reduced you will have to go back to court and have the order changed. You will have to show that your circumstances changed significantly and prove why the order should be lowered.

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Quoting panama25

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me and the mother want to take the case off the court: did you get that??

its a simple question to ask,

im not asking if its a bad idea, good, why....I want to know how to do that, ok?

thanks!!

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The problem is that when child support is concerned, the courts don't care what the parents want, the court is interested in protecting the right of the CHILD to the support of both parents. The court didn't come looking for you two in order to intervene with a child support order. ONE of you, or because of actions of one of you, opened the can of worms by inviting the courts into your fuzzy family structure. Once that happens, the court isn't going to wash it's hands of protecting the child's interest, unless there are some extreme and very specific circumstances. So, once AGAIN, if you expect any answer than "it isn't going to happen", we need to know the CIRCUMSTANCES under which you plan to argue that what you propose is in the CHILD'S best interest. Not yours, not the other parent, but the CHILD. If you've GOT relevant circumstances, we may be able to assist in crafting your argument to the court. If you don't, we can't. Simple, no?

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Quoting lida

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if you don't understand an English written question, maybe YOU should go somewhere else.

Because people come here looking for answers.

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One more ungrateful wretch.

Le sigh.

you are saying that if THE TWO PARTIES COMMONLY agree to dismiss the case and handle It out of the court system, the court say: "oh no I cant"?

are you serious, do you know what are you talking about?

pls tell me you are not serious or you do not know what you are talking about.

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Quoting lida

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you are saying that if THE TWO PARTIES COMMONLY agree to dismiss the case and handle It out of the court system, the court say: "oh no I cant"?

are you serious, do you know what are you talking about?

pls tell me you are not serious or you do not know what you are talking about.

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There is a court order in place. There would have to be a compelling reason to set that aside. He either doesn't have one, or has chosen not to share it with the class.

dude, the PETITIONER is asking the court to dismiss the case. Do you understand that? The petitioner is petitioning the court to dismiss the case against

the plaintiff.
The reason would be that the two parties have made their own agreement abut child support and the agreement is follow the state guidelines.

Why you make things complicated magique? maybe your name should be compligique LOL!

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Quoting lida

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you are saying that if THE TWO PARTIES COMMONLY agree to dismiss the case and handle It out of the court system, the court say: "oh no I cant"?

are you serious, do you know what are you talking about?

pls tell me you are not serious or you do not know what you are talking about.

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Actually, I was somewhat surprised at the responses.

Here's why:

Mom is only ever forced to file for child support if she uses certain forms of state aid. There is nothing at all stopping Mom from requesting the case to be closed. It happens fairly frequently actually.

The problem with your posts, lida, is that you came onto somebody else's thread and did nothing but antagonize the other posters. Capisce?

Of course in this thread, there's absolutely nothing stopping Mom from simply returning the child support back to Dad. Unless there's a reason why they'd prefer not to - and I can think of a few reasons, none of them exactly kosher.