How can I modify an order of support if FL court intiated a set amount and NY is garnishing more than said?

Question

I have had a child support case since 2000.I was 20 at the time and was making $1200 net.I had a phone hearing for support because I was unable to be in Florida.The judge ste the amount of support at $665.That left me with less than $600 to live in NY.I had to quit my job and get an off the book job because how can you commute and pay rent on $600.5 years later I wised up and decided to have my monthly amount modified.Judge said $385 a month.I start a new job several months later on the books and they immediately start garnishing me $665 plus another $300 in arrears.Back in the hole again.Except this time I am a single dad because I went to court for custody of my second child and have to pay for day care and insurance for my dughter and broke again.I call OCSE and they tell me they cannot modiify the order but only reduce what NY added which is the $300.Meanwhile I have paperwork that clearly states that my obligation is $385.$965 for a nine year old is ALOT of money.Where can I begin

Answer 1

Hmm... You don't specify where the arrearages came from. Also, if the custody order and support orders are out of Florida, then why is NY involved at all?

Here's a couple of ideas.. .within the Courts in NY, your county's civil courts will have someone who's job it is to facilitate family law issues... meaning... you call them, ask your questions.. maybe show the paperwork to them (it's usually an attorney who specializes in family law) and they help you understand what's happening and offer suggestions as to what you can do about it. In CA they're called "Family Law Facilitators."

If that's not a possibility... pay a "consultation fee" to a local attorney and see what they say. Most legal actions can be dealt with fairly simply... and I'm not familiar with NY or FL child support/family law issues... but an attorney should be able to at least get you pointed in the right direction...

Answer 2

first realize that ur probably not only paying for what u owe now, but what u owed for back then.. interest is tacked on to the amount owed that ur in the rears for and ur still liable for that amount owed. And although it seems like alot of money , u need to realize that if she was living with u , u'd be spending that and more .. between rent, clothes, food, electric, car, insurance, not to mention school supplies, field trip money, dentist appts, doctors appts.. and any extracuricular activites that she would be in.. but nonetheless.. if u had a court reduce it in florida the problem is that ny probably didnt get that memo.. but although they reduced the monthly they are still going to make u pay towards what ur in the arears for.. tacked on to what u currently owe..
Best thing u could probably do is take on a part time 2nd job, and use the 2nd job paycheck to pay your childsupport and ur other job to support yourself atleast until u can get caught up on ur support..
And see if Florida child support enforcement can help straighten out things with Ny if Ny is garnishing to much..

Answer 3

good Lord, how many kids do you have scattered about?

every state is different (slightly) with this matter. you can have the case reviewed or modified for changes at any time, doesnt matter what FL ordered, unless it goes by the federal max amount (i believe is 65%).

contact your local legal aid office. all states have them. look in the phone book, call your county court clerks office or states Bar Assoc for the number. they go on a sliding scale, so its free to most. if you dont qualify for legal aid, hire an attorney. dont listen to what someone tells you on the phone, contact an attorney.

heres the calculator; just click on your state, and fill it in. the last couple of links are to help you...

http://www.divorcelawinfo.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://www.divorcehq.com/deadbeat.html
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://modestneeds.org/
http://freecycle.org/

Answer 4

Garnishment happens in the process the courtroom device. So in case you have been paying the courtroom ordered volume of baby help, and characteristic all the financial business enterprise data to coach it, you are able to could desire to ensue to courtroom and enable the choose see the financial business enterprise-qualified data. even nevertheless, in case you do this, she should not be triumphant in getting your wages garnished. you are able to desire to desire to get a *good* lawyer to characterize you (and petition the courtroom for her to pay your lawyer expenditures and courtroom expenses) as those issues are consistently sticky.

Answer 5

You need an attorney. Most will give you free 30minute consulations.