[patinfl]

I went to court for child support in NY back in 2005. In the original agreement, none of the figures matched from page 1 of the document to page 5. The judge ordered that I pay child support in the amount of $200 Bi-Weekly on an income based around 14,000.00 after taxes and a previous child that I am paying for. All the documentation that I have states that the court ordered amount should've been $128 Bi-Weekly period. I recently went back to court, for change of circumstance, stating that I could no longer afford to pay the child support that was being taken out of my pay check, since it is well over 50% of my income and am continually going in to arrears. The judge threw away my case stating that I needed a better job, or to get a 2nd or 3rd job to pay for my child support. There may not have necessarily been an income change of circumstance from the 1st order, however if the child support amount is more than 50% of my income and I am going into arrears, what else is there? I have struggled along, been homeless, and had my new wife pay for some of my child support to avoid going to jail, but we can no longer do that. Wat can I honestly do? The judge keeps recommending that I hire an attorney, but how can I afford an attorney when I don't make enough money to pay the court ordered child support. Any idea's or help please send them my way.

[desertstar36]

I thought it was usually 17 percent of your income. You do need to talk to someone . I live in NY state and know that you can get a public defender if you can not afford a lawyer. I would call your Department of Social Services and ask them .

[cdad]

I went to court for child support in NY back in 2005. In the original agreement, none of the figures matched from page 1 of the document to page 5. The judge ordered that I pay child support in the amount of $200 Bi-Weekly on an income based around 14,000.00 after taxes and a previous child that I am paying for. All the documentation that I have states that the court ordered amount should've been $128 Bi-Weekly period. I recently went back to court, for change of circumstance, stating that I could no longer afford to pay the child support that was being taken out of my pay check, since it is well over 50% of my income and am continually going in to arrears. The judge threw away my case stating that I needed a better job, or to get a 2nd or 3rd job to pay for my child support. There may not have neccessarily been an income change of circumstance from the 1st order, however if the child support amount is more than 50% of my income and I am going into arrears, what else is there? I have struggled along, been homeless, and had my new wife pay for some of my child support to avoid going to jail, but we can no longer do that. Wat can I honestly do? The judge keeps recommending that I hire an attorney, but how can I afford an attorney when I don't make enough money to pay the court ordered child support. Any idea's or help please send them my way.

If there were no change in circumstance then you used the wrong forms to file with the courts. Have you tried working with the child support collection agency ? If the documentation says 128 then it IS 128. So where is the other figure coming from ? ANother thing is your saying 50% is being taken out. How much are you paying on the previous child ?