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Home > Law > Family Law   »   a moe away case

 
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Old May 3, 2008, 02:54 PM
nitewriter
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child support issue

Greetings,
I resde in Brooklyn, New York. My husband and I want and need to move to Georgia. Because of job opportunities, family support and clean peaceful air. I am a writer , author and mother. A few days ago, I settled a 3 year case with my children's father on joint custody (Initially I was going for sole legal custody) and I have physical custody of our two children.. My children's father is a successful muscian and we worked out a flexible visitation schedule for him. He is a NY resident but also has a house in L.A. where his fiancee and her daughter lives. My husband and I have a 1 year old son. We all are a happy family. My two children from my prior relationshp is willing to go wherever I am. My husband has a house that was inherited to him and a job opportunity in Georgia.
I have a child support proceeding coming up next. My ex want to pay 5200 a month. My lawyer and I want the minimum of 8500 a month. If my husband takes on the job in Jesup, Georgia, could I put in a petition to move and will it be awarded or must I stay in brookyn and worry about my children's safety. My ex can choose 3 weekends out of the month and 2 days out of a school week for his visitation. My ex travels often through his tours and going to his home in LA. I dont think it should be a problem for him to travel to Georgia. Sigh.
Please help me with some options. Thank you. From a dedicated mother, wife and author who needs peace to write, space to breathe and fresh air to fill.

Greetings,

My ex and I have two children together. At present my ex is paying 6800 in child support for the our children. My lawyer is asking for 9000 which the judge said I am entitled to. I live in New York and my chidlren's father is a successful hiphop artist. I have a child support proceeding coming up next week and my ex just hired a reputable and well known lawyer amongst the celebrities. (Retainer fee starting at 25,000). My lawyer isn't worried but I am and did research on my ex's lawyers background.

At this point all I have is receipts, bank statements and credit card bills which add up to about 8500.00. I am very worried and nervous. Do you have any helpful suggestions? P.S. My lawyer is putting in an application for my ex to pay my legal fees since he has prolonged my child support for 3 long years. Thank you .

Worried mother seeking proper support of her two kids.

Thank you for your speedy reply! Great site. I have visited Jesup Georgia and absolutely love it. Perhaps I could negotiate with the fatheron settling for his 5200 in child support payments if he okay it for me to move. This is so frustrating because my children's father is very controling and arrogant at times. I kind of doubt if he agrees. At the same time, I don't want to be the reason my husband will miss out on his job opportunity as well. My children will be disappointed if we do not move. Any more helpful suggestions or answers?

Thank you for your input. I hope the judge will work out a child support arrangement according to his annual income taxes. I am also flexible with working out an arrangement with my children's father. He is a very difficult man but (sigh) I'll see what happens. Till then thank you and chat with you next week.

hello,

I settled for a joint custody arangement for my 2 children really wanting a sole custody. my attorney said it really doesn't matter but all the responsiblity would fall on me. I have physical custody and have a child support proceeding coming up. If I went for sole custody would I be awarded the amount the children deserves or does it not matter because I have physical custody of the chidlren.

Also if I had sole custody would I be able to move away to another state while honoring my children's father's visitation? I live in Brooklyn, NY. Thank you.

Again, I live in NY. I am a self employed publisher and author but isn't' making that much money at this moment. My husband is working making 2000 a month. My children's father is paying me 6800 a month in child support. He wants to pay only 5200. The judge told us that according to his 2007 income taxes that I am entitled to bet. 8- 10,000 a month. being that my children's father just last week hired an expensive and well known attorney who is known for winning childsupport cases, do you think any of this would change? do you think his attorney would have the power to lower the child support I am recieving or is it solely up to the judge?

Again, I live in NY. I am a self employed publisher and author but isn't' making that much money at this moment. My husband is working making 2000 a month. My children's father is paying me 6800 a month in child support. He wants to pay only 5200. The judge told us that according to his 2007 income taxes that I am entitled to bet. 8- 10,000 a month. being that my children's father just last week hired an expensive and well known attorney who is known for winning childsupport cases, do you think any of this would change? do you think his attorney would have the power to lower the child support I am recieving now or is it solely up to the judge? i am very worried and i don't doubt my attorneys skills and knowledge but still I am worried. My children"s father paid his new lawyer 25,000 retainer fee. I thought no matter what he pays his lawyer, could his lawyer possibly change the decision the judge had ordered?

My lawyer told me my children's father wants to settle with me. he is willing to pay 5200 a month. my lawyer said no. Then he said he is willing to go no further than 6500 a month, plus pay 15,000 for my legal fees and cover the children's medical as well as help with their private schooling. At present, temporary order by the magistrate, he is paying 6800 a month. I dont want to be greedy, go to ttrial and lose. I do have receipts and such which makes up for 10,000. The magistrate said that according to his income taxes, i am entitled to recieving anywhere between 8-10 g's a month. I would prefer to between 7-8g's, not trying to drink his blood. I dont know if I should go ahead with trial being that he has a good lawyer or have faith in my lawyer and settle perhaps? I already settled for joint custody when I wanted sole custody. should i settle again to his terms or let the magistrate judge if we should go to trial? Thank you for your input.

I forgot to mention, I've been married for almost a year. May 25 will make a year. my husband makes 1800-2000 a month. How will his income affect what I will recieve in child support? thank you

we lost our civil relationship the moment i took him for child support 3 years ago. he is bitter and doesn't want to pay what the children deserves and want to make me suffer. I don't play games of spite, at the same time, I dont want to keep settling either.

yes, originally I got a temp. order of 6800. My ex wants to pay 5200. the judge said i am entitled to 8-10 g's, My lawyer suggested i settle for 6500-7gs a month. my ex will pay for my legal fees, childrens private school and medical. should i settle or see what the judge might say? would the judge also have him pay my legal fees? I've always gotten the short end of the stick when it came to my ex and I'd hate for it to be this time with child support.

gossip. I didn't know you guys talk about a concerned OP on their profile. i was very excited at first but I lost my enthusiasm for this site. I'll confer with my attorney or "whine" to my attorney about my concerns. thank you for taking off your masks.
P.S. I am not bragging. I might be in my own world of concerns but guess what, I will think twice about asking miss twinkle and mr. frog. thanks AMHD. Thought you guys were professional...

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Old May 9, 2008, 01:55 PM   #11  
JudyKayTee
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Quote:
Originally Posted by tickle
As I understand it, some people in the US have so much less then what you will getting. You want 7-8 grand and the lawyer is offering 8 -10 per month, nitwriter, you name is appropriate, you are nitpicking. Have faith in your lawyer, if you know him best, we dont.

Given the amount of money you will receive, what do you expect us to say ? Go for it.


I am concerned because this post keeps appearing in different forms on threads - there seems to be some need to continue to announce the dollar amount. I am reminded of the poster who shared the fact that he drove a BMW (apparently he thought he's the only one who does or has) in 90% of his posts.

And the question comes back to the same question - what should I do - and the answer is always the same - if you don't trust your Attorney, find another Attorney. Or ask your current husband for his advice and what he can live with.
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Old May 9, 2008, 02:11 PM   #12  
stinawords
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I couldn't support Judy any more than I already do on this one. It wasn't that long ago that this same question was asked in a different way with the same amounts of money involved. And as said if you don't trust your attorney then get a different one.
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Old May 9, 2008, 02:42 PM   #13  
tickle
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So, what are we saying, the OP is a troll ?
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Old May 9, 2008, 05:08 PM   #14  
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The only thing I will add to this discussion is that if the OP continues to contest the settlement, and her ex is as spiteful as she says he is, and she is really interested in maintaining the kid's standard of living, the ex could turn around and sue for primary physical custody. Especially since the OP wants to move the family to a town where the median family income is 36K/year, according to the census data. That doesn't quite fit with "giving the kids the lifestyle they are accustomed to."

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nitewriter disagrees: gossip, gossip, gossip gets you nowhere. I mean who really wants to stay in NY? Concrete jungle? Why not move to the country side of the south? Correction, he can't sue because he doesn't want the children. His lifestyle wouldn't accomodate them.
JudyKayTee agrees: Equalizer - you are using the "disagree" option to argue instead of question facts/law.
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Old May 9, 2008, 05:09 PM   #15  
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Tickle, I think you hit the nail on the head with this one. Quite frankly I for one am tired to death about being bragged to about 6800 a month for kids. It sounds like the OP needs to get a job and start living like the rest of us. She's the one who lives in a $2,000 apt with rats and mice, remember? Apparently she's too wrapped up in herself to pay attention to what we here at AMHD have to say. At least that's MY opinion. A lot of people don't make 6800 a month before taxes. I have no idea what and why she is whining about as she has an attorney to whine to.

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nitewriter disagrees: I thank you for your inner thoughts about my situation. fyi I work at home as a writer. however, I might take your covetous comment into consideration. remember:everything is mental. if you think poor, so shall you be. if you think rich, so shall
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Old May 10, 2008, 12:05 PM   #16  
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Quote:
Originally Posted by nitewriter
yes, originally I got a temp. order of 6800. My ex wants to pay 5200. the judge said i am entitled to 8-10 g's, My lawyer suggested i settle for 6500-7gs a month. my ex will pay for my legal fees, childrens private school and medical. should i settle or see what the judge might say? would the judge also have him pay my legal fees? I've always gotten the short end of the stick when it came to my ex and I'd hate for it to be this time with child support.


This same question is posted on at least 2 threads - should be combined. Advice continues to be the same, no matter how many times posted.
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Old May 10, 2008, 12:06 PM   #17  
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Quote:
Originally Posted by twinkiedooter
Tickle, I think you hit the nail on the head with this one. Quite frankly I for one am tired to death about being bragged to about 6800 a month for kids. It sounds like the OP needs to get a job and start living like the rest of us. She's the one who lives in a $2,000 apt with rats and mice, remember? Apparently she's too wrapped up in herself to pay attention to what we here at AMHD have to say. At least that's MY opinion. A lot of people don't make 6800 a month before taxes. I have no idea what and why she is whining about as she has an attorney to whine to.



Just realized there is a second thread with this same info, same question - posted yesterday, immediately following this post.
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Old May 10, 2008, 06:02 PM   #18  
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I have merged the many posts on this exact same issue, actually I merged several last week, which is now also merged here also.

I also asked OP not to keep doing this, so if it happens again I will merely delete the newer questions
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Old May 10, 2008, 06:10 PM   #19  
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I also noted you just posted about trying to renew your lease for your duplex in NY, so are you now not moving ??
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Old May 11, 2008, 07:18 AM   #20  
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Lady, you have all the earmarks of a troll. You are the neurotic, not us. We are only here to help people who really want help. You seem to "ding" anyone who disagrees with you. And no, I am not covetous of your money. I own my own home free and clear, I own my own car free and clear. I have no debts. I have a job that pays well. So why would I covet your "free" money? I for one am NOT materialistic and never have been. It is not necessary for me to "covet" your free money as I am quite happy not sucking money off of anyone just because I have 2 kids and he's "a successful musician". I have been an independent woman for many years and proud of it. Apparently you have a cash register for a heart and money signs for eyes.

You can't decide WHAT you want to do. Move to Ga.; renew your lease, take your lawyer's advice, seek a trial, settle with no trial, etc etc.
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