I was married for 10yrs, divorced my husband due to his cheating ways, I was also diagnosed with multiple sclerosis, I have 2 girls, they lived with me, til I had a hard time taking care of them, then my ex husband had them live with him, he had a better job, own business, a house, etc. He remarried and has another son now. I ahve been paying child supports all along, I had to move out of NY, becouase of cost of living and he was giving me hard time to see the girls, went to court hundreds of times, never got naywhere, b/c he never folllowed the "rules". He would just rather me be out of their lives. Well, he went to court and asked for an increase in payments, they gave it to him by "default", I wasnt notified of the court date and failed to show up. I have moved back to NY, waiting for housing to open up for me, and fighting to get a decrease, they will not give it to me, b/c I have not had a change of circumstances. I cant afford a lawyer and they wil not give me legal aid, not enough in the grant. My income is $632 a month, He gets $412. and I live on $220. I recieve SSD and SSI. I have written to so many people as to what I can do and everyone tells me I cant do anything. I havent seen my girls in 2yrs and I would rather not give up my parental rights just to see if I can stop making payments, I thoug about it, and thought maybe I can just send them money on my own. What else can I do? I cant live on this and I have no where to live right now, my medical bills are growing too. My girls are 16yrs and 9yrs old. Please help!

NowWhat

If you stop paying then you could go to jail among other things. I would continue to look into legal aid. I don't know how any court could give more than half of your earnings to support.

Fr_Chuck

You can file in court for less payment if you are not paying the least amount available. Normally child support is based on income but there is normally a min amount you have to pay regardless

Luvmygirls

Yes, I know this, and they take out my payments directly from my SSD before it even gets to me. I dont know how the courts can garnish the max from me, and expect me to live on what I have left. I have no prob paying my support, but I also need my own place and survive myself. Nobody has helped me solve this. Legal Aid doesnt have enough in their grant to help me, the bar assosiation is still to much for me to pay. Im at a lose as what to do.

Luvmygirls

Oh and now I have a judgement on me for $3,079. and the interest on it is $277. I have no idea how they can do this. Seems they are trying to take more than I can give.They have all of my SSD papers and he only got his increase by default, I cant decrease it UNLESS I have a change in circumstances, and I dont b/c I cant work and nothing has changed, besides that I have no place to live and my medical bills are getting higher b/c my medicare doesnt cover everything.

bushg

To Write To The Governor:
Eliot Spitzer
State Capitol
Albany, NY 12224

518-474-8390

and find your senator
http://www.senate.state.ny.us/Senatorbio.nsf/df3d9cc00e120f6a85256b3d006f4f76/b026f19f24cbe5fc85256b3d0067c1eb/$File/members07.pdf?OpenElement

1st I would request a hearing to have it lowered, if no luck with this judge I would...
Try writing to your govenor or senator and explaining to them your situation, Send in proof of income, medical insurance, housing statement and child support order.

My mom has a senator that is trying to help her get her mentally disabled brother out of a bad situation, so I know that some of them will listen to the problems of the everyday citizen. Good Luck

Luvmygirls

THANK YOU, I will try this, I have tried writing many letters so far, so why not! I have been in front of this judge 4 times so far, she says I dont have any changes and will not do it.