SPARC Forums
Main Forums => Dear Socrateaser => Topic started by: xrevvyx on Apr 14, 2004, 05:50:26 AM
Hi
My husband has a current CS order in NYC (Brooklyn) for CS based on his salary at the time of 27k (he pays 600/mo)
we recently separated - and we agreed to deviate from the guidelines and he was ordered to pay me (in New Jersey) 750/mo. He has since (last 2 months) gotten a better paying job making almost double and has started paying ME double (375/week vs bi weekly) - but we have not gone back to court (my order is only 2 months old)
Now his ex is wanting a modification - and I'm afraid that the amount he's been paying me may be decreased -
- will the fact that he's been paying me 375/week vs what the ordered amount was make any difference ?
- should I take him back to court in NJ to have it ordered that he pay me this amount ? even though it's only been 2 months ?
- will the NY courts basically tell him tough, pay ME according to our existing order ? (his payments are through probation so there is proof of his payments)
Number your questions, next time you post.
>- will the fact that he's been paying me 375/week vs what the
>ordered amount was make any difference ?
No. The additional amount isn't ordered, and therefore will be regarded as a gift to you.
>
>- should I take him back to court in NJ to have it ordered
>that he pay me this amount ? even though it's only been 2
>months ?
If you want him forced to pay more, then you need to have the additional amount ordered. Otherwise, it is not legally valid or enforceable.
>
>- will the NY courts basically tell him tough, pay ME
>according to our existing order ? (his payments are through
>probation so there is proof of his payments)
Unless you file for a modification, Yes.