child care and support question??

[mickey24]

I have a  3 year old that will be 4 in aug. His father cs is $ 85 a week and 59% of day care. So day care is 150.00 a week and 59% is $88.50.
He is in arrears $3000.00 in supoprt he was out of work for over a year. And he owes me 5010.00 in day care. He has been at the same job for 2 year nowand makes over 1200.00 a week. I am going back to work next week, I had to have surgery on my knee. I have talked to my sons father and he knows i was out of work and that i am going back to work. He knows that if i wanted to take him back to court i could get more cs, but if my son needs something big he will send me extra money. So i have not taken him back to court. I make about $800.00 a week. But he lives out of state and is not good at all with his money so he spends it befor he sends out the money for the daycare which he payes his part once a month. So he has gotten very behind. When i talked to him he wants cs colection to just garnish him for the daycare weekly like they do for his reg support. I live in NY.
 Do i have to take him back to court for this? Or can we wright something up and just file it and that will work?
If we have to go to court he will have to come back to NY for court? or can he do this over the phone?
Can he just sign a statment thet he wants cs colection to garnish for day care?
thank you for the help

[wendl]

Call your caseworker and ask if they can include it or if you need to go back to court before they can start garnishing cs.

I think you will need to go back to court, If you and your ex can agree to an order it will be easier, you two can do the paperwork, then file and exparte hearing and have the judge sign the new order, then copy then after they are filed and drop them off at the cs office.