Kathryn Hilbush's answer File a complaint for support. A conference will be held. If no agreement, then a hearing before a master. If one or both parties disagree with the decision, n appeal for a hearing before a judge is filed. Each county has it's own procedures that may slightly impact this basic procedure.
Kathryn Hilbush's answer Sounds pretty strange. I suggest that you get an experienced family law attorney involved although I'm concerned because it sounds like an order has already been entered against you. If so, check the order to find out if your appeal period has expired yet.
Kathryn Hilbush's answer Somehow, even though your location is shown as being in NC and you're asking about NY support laws, the question ended up with the PA attorneys. I suggest that you try posting it again.
Kathryn Hilbush's answer You should have brought up the fact that you were living together with the children at the time of the support hearing. If there hasn't been a hearing yet, then you can bring it up at that time.
Kathryn Hilbush's answer If he's not current on his support obligation, you should definitely take him back to court for failure to comply/contempt. If he's paying his support every month, and he's also paying at least an additional 10% of the order to reduce the arrears, it may be more difficult to get any where in court but I say talk to your Domestic Relations Office to see if they's assist you. In some counties, they'll freeze bank accounts if the arrears are high enough, even with the additional 10% being paid...
Kathryn Hilbush's answer If your support order doesn't already address this issue, which it apparently does not, you can discuss with the other parent sharing the uncovered cost in the same percentages as you share other medical expenses. If the other parent doesn't want to agree to pay, you may have to go back to court to have it decided there. Also, note that if you want the other parent to pay, he/she has the right to discuss the need for braces with the dentist/orthodontist and even take your child for a second...
Kathryn Hilbush's answer Your final sentence throws the rest of your inquiry into a morass of confusion. Why is there a wage attachment and DRO enforcement of a private order for support? Your son needs to consult in person with an experienced family law attorney about this mess.
Kathryn Hilbush's answer You really need to find a way to at least consult in person with an attorney. The Requests may not be valid at this point under the support discovery rules but, if there's a divorce pending, they probably are. There's no way I can provide you with reliable, specific information under the circumstances except to tell you that Requests for Production are typically long and very inclusive.
Kathryn Hilbush's answer A support order can be modified at any time if the circumstances require it, but the marriage of one of the parents is rarely such a circumstance. Only the parents have an obligation to support their children and so their spouse's incomes are not included when support is calculated.
Kathryn Hilbush's answer If the private school tuition is included in the actual court order then you may be looking at a reduction in your order just because one child's tuition will be coming off the order. You could meet with an experienced family law attorney to discuss in more detail and go over the numbers before your son is graduated and 18.
Kathryn Hilbush's answer Honestly, it sounds to me like you and your wife need to sit down for a detailed in person consultation with an experienced family law attorney. I'm sorry but some of what you said here doesn't make a lot of sense, complicated by the lack of punctuation I suspect, but even with periods and capital letters, I still think you need to meet with an attorney instead of seeking information online about what is clearly a complicated and messy matter.
Cary B. Hall's answer Potentially yes -- but you should request a postponement ASAP, and in writing. Make sure you send a copy to the other side as well, and state in your written request that you're doing so. Include your phone number so that Domestic Relations will be able to contact you quickly and easily as well.
Cary B. Hall's answer No reason why you can't -- although you'll file for child support in the Domestic Relations Office, and your petition to modify custody with the Prothonotary's Office (two different desks, and maybe even two completely separate buildings). There will surely be a fee to file your petition to modify custody, so make sure you bring it and in the correct form of payment accepted by the court.
Matthew Fox's answer These really are questions you should be asking your lawyer. With limited information it is impossible to tell you definitively how your payments might change. I urge you to consult with your lawyer regarding your concerns, or, if you weren't represented, then consult with an experienced family law attorney in your area. In the meeting the lawyer can review your specific situation and give you well-informed advice.
Cary B. Hall's answer If he's paying the mortgage on the martial home, he may indeed get credit for that -- because that is, in fact, keeping a roof over the children's heads (and yours), and counts for a lot.
You should consider getting a lawyer yourself, of course. If you can't afford one, you might want to look into your local legal aid organization that could provide an attorney at a reduced or even no cost to you.
Ultimately, however, just go to your child support conference and see what...
Cary B. Hall's answer If you've got issues about how your child support is being garnished and/or credited, contact your local Domestic Relations section to clear things up. If that doesn't work, you can request a formal audit from Domestic Relations to make sure everything adds up.
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